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07-23-2013, 04:52 PM #7
Reputation points: 4807
- Join Date
- Sep 2012
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- 199
Sean, I agree that the contracts have that type of wording but it's up to a judge to determine whether it's really enforceable. Let's be honest here, boiler plate language like that stand zero chance at being enforceable in court. It's a prohibitive covenant that goes against all accepted banking practices.
Secured lending has a pecking order based on collateral so that has some legal limitation. You can't "jump" someone's lien. Unsecured lending is strictly buyer/seller beware. Legally prohibiting a business from taking out a loan because you have an mca in place has no legs or ground to stand on.
If a company want's to say they have a secured lien against future receivables then you have to prove that the stacker is legally jeapordizing your encumbrance. I don't see how that case can be won.