How about a merchant breaching their
factoring agreements? The majority of factoring
companies that I know of have wording in their agreements that would make even a 1st position a breach. This puts the merchant at risk of losing their factoring (this is never pursued but it could) which would be detrimental to their business and ultimately would make it impossible to pay off there mca advance.

Does the 1st position lender ever ask to see the merchants factoring agreement to make sure they don't put the merchant at risk of losing it by breaching their agreement? The rabbit hole is deep and these sort of conversations can go so many ways.

I'm not saying this is right or wrong simply making an observation. It's not just mca Funder vs. mca Funder.