Asset-Based Lending: Navigating Borrowing Base, Article 9 Collateral Issues, and Key Loan Documentation Provisions

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, January 12, 2017
Recorded event now available

This CLE webinar will discuss the mechanisms of asset-based financing transactions, including issues associated with the borrowing base, obtaining and perfecting a security interest in the assets as collateral under the UCC, and key terms in asset-based lending (ABL) loan documentation.


In asset-based financing transactions, the lender lends up to a percentage of the value of the borrower’s assets—the borrowing base. Assets used in ABL financing are typically accounts receivables, inventory and equipment.

ABL lending frequently involves extensions of credit to borrowers representing a higher degree of credit risk than certain other types of commercial lending. As a result, ABL loans require more intensive scrutiny and oversight by the lender and as a result have many unique features.

Listen as our authoritative panel of finance attorneys reviews the mechanisms of asset-based financing transactions, discusses key issues associated with different assets in the borrowing base, obtaining and perfecting a security interest in the assets, and key terms in ABL loan documentation.


  1. Types of ABL facilities
  2. Borrowing base
    1. Cash
    2. Accounts receivables
    3. Inventory
    4. Equipment
    5. Real estate
  3. Obtaining and perfecting a security interest in assets under UCC Article 9
  4. Loan documentation
    1. Representations and covenants
    2. Reserves and dilution
    3. Conditions precedent
    4. Cash management (deposit control account agreements and lock boxes)
    5. Subordination/intercreditor agreements


The panel will review these and other key issues:

  • Key issues with different assets in the borrowing base
  • Obtaining and perfecting a security interest in the assets under UCC Article 9
  • Cash management provisions and deposit account control agreement in ABL loan documentation
  • Subordination and intercreditor agreements in ABL loan documents


Jenny E. Cieplak, Counsel
Crowell & Moring, Washington, D.C.

Ms. Cieplak practice primarily involves mergers and acquisitions, complex joint ventures, consortiums and strategic alliances, venture capital and private equity investments, and corporate finance. She is experienced in drafting a wide range of commercial agreements. Her practice focuses on the financial services industry, working on the creation, governance and sale of electronic trading platforms, exchanges, swap execution facilities, clearinghouses, and data repositories. She also advises clients on commodities law.

Harvey C. Guberman, Partner
Ballon Stoll Bader & Nadler, New York

Mr. Guberman specializes in asset based lending, factoring, financing and creditors rights. His prior experience includes Assistant GC of the Commercial Funding Division of Bank of America Commercial Corp. and GC to the factoring division of The CIT Group. He is a frequent lecturer on commercial law topics and has written and spoken extensively about secured lending and international and domestic factoring.

Paul B. Hahn, Partner
Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, New York

Mr. Hahn represents large multi-national to midsized and small commercial finance, banking and factoring institutions in the structuring, documentation, workout and restructuring of commercial finance, asset-based lending, factoring, equipment leasing, and licensing transactions, including syndicated and international transactions. He has also represented corporate borrowers in such transactions.

Scott A. Lessne, Senior Counsel
Crowell & Moring, Washington, D.C.

Mr. Lessne's practice involves the representation of financial institutions and corporate clients in connection with the negotiation and documentation of commercial, asset-based, project-related, and real estate loan ransactions, as well as advising clients on legal issues arising in complex single and multi-lender loan workouts and restructures. He also advises financial institution clients on creditors' rights remedies including judicial and non-judicial enforcement actions and bankruptcy strategies.


CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?

Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H

How does this work?


Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

I thought the information provided was great.

Erika Gamiz

Law Offices of Marcia L Kraft

Very valuable information.

Mara McDermott

Akin Gump

I felt the presenters were very knowledgeable and I liked that they discussed real situations. This was definitely one of the more worthwhile presentations.

Kathleen Mellon


The program was practical and showed both sides of the issue.

Kristina Pasko

Lowenstein Sandler

My first Strafford webinar and I enjoyed the variety of speakers.

Katy Noeth

Winston & Strawn

or call 1-800-926-7926

Banking & Finance Law Advisory Board

Irving C. Apar


Thompson Hine

Mark N. Berman

Adjunct Professor

Northeastern University

Willa Cohen Bruckner


Alston & Bird

Lawrence Kaplan

Of Counsel

Paul Hastings

Kevin Petrasic


White & Case

Laura D. Richman


Mayer Brown

Robert M. Stern


Orrick Herrington & Sutcliffe

Andrew Stutzman


Stradley Ronon Stevens & Young

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.