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  1. #1
    Senior Member Reputation points: 99426
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    Quote Originally Posted by kevinhenry0527 View Post
    Sachip,

    The liability of a business owner taking out an MCA when they already have a line of credit or any other senior financing in place? It can definitely throw the Company in default as the assets are already pledged.

    Best,

    Kevin
    I don't see this happening because the UCC of the MCA company is subordinated to the bank's UCC. The banks retain first position in case of default.

  2. #2
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    Quote Originally Posted by MCNetwork View Post
    I don't see this happening because the UCC of the MCA company is subordinated to the bank's UCC. The banks retain first position in case of default.
    MCN-That is if the senior lender knows about the MCA and there is a subordination agreement in place. I have seen dozens of case where the senior lender did not know their client took out the MCA and their was no subordination agreement in place.
    Kevin Henry
    VP-Business Development
    Seacoast Business Funding, a division of Seacoast Bank
    561-850-9346
    Kevin.Henry@SeacoastBF.com
    1880 N Congress Ave., Suite 404
    Boynton Beach, FL 33426

  3. #3
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    Quote Originally Posted by kevinhenry0527 View Post
    MCN-That is if the senior lender knows about the MCA and there is a subordination agreement in place. I have seen dozens of case where the senior lender did not know their client took out the MCA and their was no subordination agreement in place.
    If the bank's lien is organically senior, no subordination need be executed.
    "Nobody can make you feel inferior without your consent." -Eleanor Roosevelt

  4. #4
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    Quote Originally Posted by CreditGuy View Post
    If the bank's lien is organically senior, no subordination need be executed.
    True, but by taking out the MCA or any other loan without the bank's knowledge that it was done could violate their agreement and throw the Company in default.
    Kevin Henry
    VP-Business Development
    Seacoast Business Funding, a division of Seacoast Bank
    561-850-9346
    Kevin.Henry@SeacoastBF.com
    1880 N Congress Ave., Suite 404
    Boynton Beach, FL 33426

  5. #5
    Senior Member Reputation points: 52185 ADiamond's Avatar
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    Quote Originally Posted by CreditGuy View Post
    If the bank's lien is organically senior, no subordination need be executed.
    using "organic" as an adjective, very hipster - circa 2009. let me find out you wear skinny jeans.
    Anthony Diamond
    Underwriter

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