Factoring

The Factoring Practice Group at Markus Williams & Young works closely with its clients to structure, negotiate, and document flexible factoring arrangements that meet the needs of the specific transaction. With an integrated team of transactional and workout attorneys, we are able to craft documents that work for the factor and its customer while protecting the factor should the transaction go into workout or bankruptcy.

How Can We Help?

  • Our attorneys draft and negotiate account purchase agreements, applicable security documents and ancillary documents, tailored for each transaction, whether notification or non-notification, recourse or non-recourse.
  • We identify hidden issues, like fraudulent conveyance issues and missing security, necessary to a successful liquidation.
  • We work though thorny intercreditor negotiations, which are becoming more and more important in the increasingly complex structure of receivables purchase transactions.
  • Thanks to our deep agricultural lending team, we can help navigate the difficult and often unclear issues related to PACA and PASA.
  • Because our attorneys work in conjunction with the firm’s Bankruptcy and Restructuring team, we are able to anticipate issues and address them upfront and provide representation should a borrower fail.

Why Markus Williams & Young?

Our Factoring attorneys have structured, negotiated, and documented accounts receivable purchase transactions with sellers operating in a broad range of industries, including agriculture, manufacturing, and service providers. Our depth of knowledge in this specialized area, as well as in the areas of general commercial lending, asset-based lending and workout and bankruptcy, allows us to identify and resolve the challenges unique to each transaction and create a structure that both serves the needs of the parties and protects the factor.

Our factoring team has:

  • Represented a national receivables purchaser in a $200 million receivables purchase facility to a provider of relocation services
  • Represented a national receivables purchaser in a $175 million receivables purchase facility to a producer of construction aggregates
  • Represented a national receivables purchaser in a $45 million receivables purchase facility to a temporary employment company serving several specialized industries
  • Represented a national receivables purchaser in a $25 million receivables purchase facility to a manufacturing and engineering services company
  • Represented a national receivables purchaser in a $25 million receivables purchase facility to a crop protection products and services provider

Attorneys Concentrating In Factoring