Floating Lien

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794 documents for Floating Lien

- Floating Lien
A security interest retained in collateral even when the collateral changes in character, classification, or location. An invento...
- West's Encyclopedia of American Law
- Dou–Fre
- Merger Opinions
Several executives shared their views on what they see as the biggest obstacle to doing cross-border deals. They may well believe that their cross-border ABL transaction can be transacted in the same way, and to a similar timeline, as a domestic facility. In the US, deal structuring and legal execution is generally well established and relatively predictable, JPMorgan Chase London managing director Paul Hancock. According to Houston & Rosen partner David W. Morse, the secured transactions and insolvency laws need to allow for a "floating lien" over assets that are constantly changing like accounts and inventory, where a single document can grant an effective lien whose priority relates back to the date of the original grant. At the same time, the jurisdiction needs to have the judic...
- Secured Lender, The
- Vol. 64 Nbr. 4, July 2008
- in Re Smith'S Home Furnishings, Inc., Debtor. Michael B. Batlan, Trustee, Plaintiff-Appellant, v. Transamerica Commercial Finance Corporation, Defendant-Appellee., 265 F.3d 959 (9th Cir. 2001)
...'s loans were secured by a first-priority floating lien on the prime inventory and the proceeds from ...
- Federal Circuits

- Are Reclamation Claims Heading for Oblivion Where the Debtor has a Secured Inventory Lender?
A trade creditor's state law right of reclamation is supposed to be a leg up for collecting a claim for goods sold and delivered shortly before a customer's insolvency. However, court decisions that deny reclamation relief, based on the superior priority status of the buyer's floating lien inventory secured lender, are undermining reclamation as a remedy for trade creditors. In In re Pittsburgh-Canfield Corp., the Wheeling-Pittsburgh Chapter 11, the United States Bankruptcy Appellate Panel for the Sixth Circuit, the equivalent of the United States District Court, recently upheld the denial of relief to reclaiming sellers that otherwise satisfied all of the state and bankruptcy law requirements for reclamation. Trade creditors will be watching developments in the case law to see if the c...
- Business Credit
- Vol. 106 Nbr. 8, September 2004
- Universal Hospital Services, Inc. Announces Extension of Exchange Offer for its Second Lien Senior Secured Floating Rate Notes due 2015.
EDINA, Minn. -- Universal Hospital Services, Inc. ("UHS") announced today that it has extended to December 10, 2007, at 5:00 p.m., New York City time ...
- Business Wire
- December 04, 2007
- 11 Rick D. Lange v. Inova Capital Funding, LLC, (8th Cir. 2011)
... against Inova seeking to avoid Inova's lien on Qualia's accounts receivable as a preference un... transfers that create perfected floating liens are thus voidable to the extent of such impr...
- Federal Circuits
- Aesthetics of Commercial Law Domestic and International Implications
Introduction I. Aesthetics And Law II. Aesthetics Of Commercial Law A. The Energy Aesthetic B. The Grid Aesthetic C. The Instrumentalist Aesthetic III. The Sublime And The UCC IV. COnsequences Of Aesthetics Of Commercial Law A. Common Refrains Against Reform B. The Export of U.S. Commercial Law Models 1. One Theory of Imperial Law 2. Resisting Imperial Dualism Conclusion

... alike in that a secured creditor with a lien on all assets of a company enjoys an inordinate ... Kamp writes: "The first argument for the floating lien was that it was experimental and rare, so why...
- Louisiana Law Review
- Nbr. 67-3, April 2007
- Supreme Court Docket Report - February 21, 2012
...: admiralty, maritime jurisdiction, maritime lien. Federal Admiralty Jurisdiction—"Vessel" Statu... and to foreclose on a maritime lien on a floating residential structure owned by petitioner, Fane Lo...
- Mondaq Business Briefing
- United States Law Articles in English
- Corporate Recovery & Insolvency.
.... 4) Impose a floating charge on any immovable property - a floating char.... 5) A lien - gives the right to the debtor to possess the ass...
- Mondaq Business Briefing
- Nbr. 2011, January 2011
- Ares Capital Corporation Declares Third Quarter Dividend of $0.35 Per Share and Announces June 30, 2011 Financial Results.
... 2011, approximately 87% were made in first lien senior secured debt, 1% in second lien senior secu...Of these commitments, 93% were in floating rate debt securities of which 93% contained intere...
- Business Wire
- August 04, 2011