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As the credit crunch has seen banks take a more cautious approach to lending, businesses in the Midlands have increasingly turned to asset based lending (“ABL”) to fund their expansion plans.

 

The ABL industry has grown beyond recognition over the last decade or so from the perception of “lender of last resort” with limited funding packages to a sophisticated, tailored and flexible method of funding. According to the Asset Based Finance Association, more than £15 billion was advanced to almost 50,000 UK companies by the ABL industry in the third quarter of 2007 alone, a 15% rise on the same period last year. The growth of ABL has largely been as a result of benefits it has over more traditional forms of lending.

 

One of the key developments in ABL has been the diversification of products offered by banks and other funders. In addition to debtor only products, like invoice discounting or factoring, asset based lenders now provide funding against other asset classes such as property, intellectual property, stock and plant and machinery as well as different methods to fund those assets, e.g. sale and leaseback, hire purchase, operating leases etc.

 

ABL has also become increasingly popular as it provides working capital which is flexible and grows as the business expands, compared with traditional debt structures which may not be able to provide such flexibility. It can also be tailored to the assets of the company and is able to take into account issues such as seasonality of a business. Providers of ABL have also been able to venture outside their traditional sectors, such as recruitment, printing and manufacturing. For instance some funders have developed products especially tailored to the construction industry. Asset based lenders have also broadened their appeal by offering ancillary services (e.g. payroll, invoicing etc) which small and medium sized businesses have found useful.

 

As awareness of ABL increases, the products offered by asset based lenders have become more and more sophisticated. Larger transactions have seen club or syndicated ABL facilities (for instance ABL was a major part of the recent secondary buy out of Brittons Group). There have also been a number of high profile cross border deals involving ABL. As a result, ABL has been used in increasing creative and innovative ways to fund businesses and deals.

 

We have seen greater acceptance of ABL amongst the private equity providers, especially where the lender is prepared to agree to provide committed funding lines rather than the traditional “on demand” facilities.

 

As well as the potential benefits of ABL, companies (and their finance directors) need to take advice and consider all of the factors which may influence their funding decisions.

 

With the introduction of BASEL II (which sets out capital adequacy requirements for banks) ABL is likely to become more attractive to lenders as they are required to hold less capital in respect of ABL facilities (which are secured against the borrower’s assets) than is the case with other, unsecured lending. This should translate to lower pricing for ABL and therefore increase demand for these facilities going forward particularly if economic conditions continue to tighten.

 

ABL facilities can also involve rigorous valuation and inventory and receivables monitoring, sometimes on a daily basis. It is important for the borrower to understand how in practice the ABL facilities will be operated before the facilities are entered into so that they can be operated without excessive administrative burdens for the borrower. On the other hand, ABL facilities are unlikely to have complex financial covenants often found in term loan facility agreements (e.g. cash flow covenants, interest cover) which require regular monitoring.

 

Term loan and revolving credit facilities are often committed facilities. In other words the bank is committed to provide these unless a default occurs. For the most part ABL facilities are “on demand” which allows the lender to demand immediate repayment or change the commercial terms of the facility. Having said this, we have noticed in the market certain lenders being prepared to offer more committed ABL terms, particularly if the facilities are being used to fund an acquisition.

 

ABL is only available to asset rich companies or companies with assets which are fundable. Therefore it is not always suited to a particular deal or appropriate to certain businesses. However given its flexibility and the innovative ways in which it can be used to fund deals it is likely that asset based lending will go from strength to strength.

 

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