The Journal of Corporate Renewal

April 2012

Alternative Financing Sources
Options for Challenging Situations

A common perception in today’s economy is that commercial banks do not want to lend. As anyone who works for a commercial bank can attest, this quite frankly is dead wrong. In fact, commercial banks are clamoring to put money into operating companies that have annual positive cash flow of more than $5 million and working capital assets.

Financing for Multifamily Real Estate Drives Market Inefficiencies
Multifamily housing certainly presents an interesting case for investment. However, many of the points used to support this thesis have been misconstrued, while a number of serious challenges have been overlooked. This article discusses a number of those issues.

Managing Lender Communications During Distress
In the business world, cooperation between lenders and borrowers is essential and, as in any relationship, communication is the key to success. This is especially true for a financially distressed borrower. While maintaining positive and transparent communications with lenders is an important part of running a business during both good and bad times, the task simultaneously becomes more critical and more difficult when a business is having financial problems.

Lending, Investing Can Be a Risky Combo
Was Repeal of Glass-Steagall Misguided?

To keep federal spending under control, Warren Buffet suggests that in any year the U.S. government deficit exceeds 3 percent of the nation’s gross domestic product (GDP), no sitting member of Congress should be allowed to run for reelection. While the quip may have been tongue-in-cheek, tying the success of Congressional careers to the economic success of the country might not be such a bad idea.

Asset-Based Lending: An Historical Perspective
The last three years of financial crisis and recession have brought a host of new economic-business situations. Not since the Great Depression, many say, has the precipice of a global financial collapse seemed so near.

Solicitor-Client Privilege at Issue in Cross-Border Ponzi Case
The British Columbia Court of Appeal (BCCA) will soon decide the scope of a foreign receiver’s ability to trace assets that may have flowed through a solicitor’s trust account. The court also will consider the ability of a debtor to claim solicitor-client privilege over a solicitor’s trust accounts in civil cases.

Lender Remedies: Reading Between the Lines
When a loan goes into default, a secured lender usually has a number of choices of remedies to exercise. Many professionals mistakenly think of lender remedies in terms of the two ends of the spectrum. At one end is a simple forbearance, in which a lender agrees not to exercise its remedies. At the other is a notice of foreclosure, under which a lender sells all of the collateral on the courthouse steps.

Anderson Bauman Tourtellot Vos Jefferies Conway MacKenzie

Conway MacKenzie Jefferies Anderson Bauman Tourtellot Vos