News & Analysis as of

Financing Uniform Commercial Code (UCC)

Cadwalader, Wickersham & Taft LLP

A New Age of PerFFFection June 2024 - Potential Impact of UCC Article 12 on Fund Finance Transactions

At the bottom of the stack in investment fund structures, there are generally “real” assets—things like equity interests in portfolio companies, mortgage loans, commercial receivables, maybe even bricks and mortar. Fund...more

Proskauer - Blockchain and the Law

Part II: NFT Lending — Legal Issues Involving Secured Transactions under the UCC, Pre- and Post-Article 9 and 12 Amendments

As discussed in Part I of this series, NFT-based lending is pioneering a new avenue of investment and activity on the blockchain that will enable new and innovative use cases. In this Part II, we will discuss the implications...more

BCLP

New York’s Detailed Commercial Finance Disclosure Requirements Take Effect

BCLP on

Compliance with the requirements of New York Financial Services Law sections 801-811 (the Commercial Finance Disclosure Law or “NYCFDL”) as implemented by the New York Department of Financial Services (“DFS”) becomes...more

Cadwalader, Wickersham & Taft LLP

Code Update: Get Ready March 2023 | Issue No. 214 - New UCC Article 12 Matters to More than Just Cryptocurrency

After being approved by its drafting committees last summer, a new article to the Uniform Commercial Code is now making its way through state legislatures for enactment. Because the new Article 12 and its related code...more

King & Spalding

Best Practices for Security and Perfection of Digital Infrastructure Assets

King & Spalding on

The structured finance sector has seen an expansion of digital infrastructure asset classes and related financings. Digital infrastructure asset classes have grown to include data centers, wireless towers, distributed...more

Hudson Cook, LLP

Agreeing to Arbitration

Hudson Cook, LLP on

Of the state law defenses, unconscionability is the most often used and most effective legal justification for invalidating arbitration agreements. As a creature of state common law and state versions of the Uniform...more

Whitman Legal Solutions, LLC

Anatomy of a Real Estate Transaction—Financing

Financing arrangements are like the themes and tonality in a musical composition. Different aspects of the financing process occur at different points in the real estate transaction. Yet, most real estate buyers depend...more

Moritt Hock & Hamroff LLP

Electronic Signatures: The Time is Now

What you don’t know can hurt you—at least if you have somehow managed to ignore or avoid the benefits of creating and embracing electronic signatures. That would be hard to do because, quite simply, electronic signatures...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Managing Credit Risk in the Supply Chain

Companies expend substantial resources managing the credit risk of customers, to protect the value of their sales. Many companies, however, do not always apply credit risk analysis to its supply chain, focusing instead on...more

Troutman Pepper

Recent Developments Affecting UCC Filings in New Jersey

Troutman Pepper on

New laws and regulations affect the information that must be listed on a financing statement and require electronic filing of all financing statements. There have been two recent developments affecting Uniform Commercial...more

Parker Poe Adams & Bernstein LLP

A Cautionary Tale – The Need for Bank Oversight on Collateral Releases

Beware!! The story brought to us today courtesy of the Second Circuit Court of Appeals (In re: Motor Liquidation Co., 13-2187) is one that should strike fear into the hearts of all bankers and lawyers. It is a cautionary tale...more

Winstead PC

Financing with IP Collateral

Winstead PC on

In a recent guest post on the Patently-O blog by Dennis Crouch, William Mann, an assistant professor of finance at the Anderson School of Management, UCLA, notes the explosion in USPTO filings that record a creditor’s...more

McDermott Will & Emery

Inside M&A - Summer 2013

McDermott Will & Emery on

A Closer Look at Leveraged Dividend Recapitalizations - With merger and acquisition activity down over the course of 2012 into 2013, and a weak market for initial public offerings (IPOs), many private equity firms have...more

Partridge Snow & Hahn LLP

Are Your Procedures in Compliance with the Updated UCC Article 9?

Despite the lack of fireworks and fanfare, July 1, 2013, ushered in new changes to the Uniform Commercial Code that are important to bankers, lenders and legal practitioners. The revisions to UCC Article 9 (“Article 9”)...more

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