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Abstract -
A
floating lien. An abstract is a filing that allows an individual or
company to place lenders or appropriate concerns on notice that a debt is
due but has not been satisfied. |
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Account Creditor -
The individual or company which requests the asset-based loan and is
generally the recipient of the cash from the lender. |
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Account Debtor - The individual or
company that is liable for a debt created by the acceptance of goods or
services from the account creditor |
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Account Receivable - A debt owed from an
account debtor to an account creditor as a result of goods sold or
services rendered. |
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Accrual Accounting Method - A form of
reporting profits or losses based on the consummation of a transaction
being accepted by form of contract or invoice without the realization of
cash or an expense that has been incurred but has not yet been disbursed. |
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Adequate Notification - To notify an
individual or company in a form that could not be misunderstood for its
true intent and purpose. The notification is usually clear and decisive
and lacks vague or ambiguous implications. |
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Aged Trial Balance - A detailed report
which provides information on accounts receivables. This report provides
information such as the invoicing date; the amount; the due date; payments
made, if any; discounts taken, if any; shortages and credits. The
conclusion of this report provides management with a grand total of cash
receipts due or to be collected. |
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Angel Lender - An individual who provides
funds in the form of a loan to someone of whom he is very close and
generally does not require rules and restrictions of a formal lender. More
commonly, an angel lender is a friend, family member or close acquaintance
of the borrower. |
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Asset-Based Lending - A loan to an
individual or company collateralized by a specific asset or group of
assets. Typically asset-based loans do not require real property as
collateral. |
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Assignment of Contracts - The transfer of
one's rights to another for the purpose of taking possession of the
instrument or spirit of a contract. Usually when the assignment of a
contract exists, it invariably includes the assignment of proceeds. |
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Assignment of Proceeds - The transfer of
one's rights to another for the purpose of taking possession of cash
proceeds forthcoming. This does not constitute an assignment of contract
as most people make this common mistake. |
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Assignee - The recipient of an
assignment. The individual or company who is to receive the goods and
proceeds for cash or consideration previously granted. |
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Assignment - The rights of a contract or
bond given to one person from another. |
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Assignor - The individual or company that
issues the right to a lender as a result of cash or consideration granted
to its borrower. |
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Availability - The difference between the
outstanding debt and the remaining cash availability on the line of credit
granted by the lender. |
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Bill of Lading - A
certificate given to by a ship's master to a consignor of goods. |
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Bill of Sale - A document that transfers
ownership of an asset from one person or company to another. |
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Cash Accounting Method -
A form of reporting profits or losses based on actual receipts of income
and disbursements of expenses. |
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Cash Flow Loan - A loan that is made to
an individual or a company over a short period of time, typically 12
months or less. |
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Chattel Paper - A form of documentation
that establishes the "essence of value", a pink slip, a bill of lading, a
bill of sale, etc. A document that could be converted to cash. |
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Collateral - The intangible or tangible
property given as security to the lender by the account credit for any
obligations and indebtedness of account creditor. |
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Concentration - Exceeding an established
percentage (usually 25%) of one's cash or liquidity in a single
investment. |
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Conflicting Security Interest - Clouded
title; two lenders holding the same collateral with the inability to
determine who has priority. |
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Consignment - A form of providing
tangible goods to a retail or wholesale outlet for the purpose of
displaying and selling at will. Consignment does not constitute a
perfected security interest in the product - it simply means that the
product is the possession of the seller until sold. |
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Covenant - A rule, a law, a restriction
prohibiting an individual or a company from performing unauthorized acts. |
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Credit Guaranty - A form of guarantying a
debt from the debtor in the event of debtor insolvency. |
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Debit Consolidation Factoring -
This service is designed to assist the growing company that is
currently in default with his bank or other key creditors (including the
IRS). This allows us to assist in "debt negotiations" until such time all
creditors are satisfied. Debt consolidation factors allow the company to
increase cash flow without increasing debt. |
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Debt-to-Equity Ratio - A return on
investment; an investment created by a form of debt (i.e., bank loan,
investor funds, etc.) of which is converted to profit; then retained in
earnings which is referred to as "owner" or "stockholder" equity. |
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Deficiency - A shortage; typically an
amount received less than the contractual amount due and payable. |
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Discount Rate - A fee assessed by an
individual or company that purchases an asset of another individual or
company for cash or consideration. |
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Encumbrances - A lien or
any form of indebtedness owed against real or personal property. An
encumbrance is also recognized as unearned equity. |
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Estoppels - The act of being prevented
from denying or asserting something on the ground that to do so
contradicts what has already been admitted or denied either in words or by
actions. |
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Factoring - The outright
purchase of accounts receivable. |
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Float - The amount of time required to
allow a demand note or a check to be converted to "hard cash" and made
available to the recipient of such a note. Institutions refer to this as
"in suspense" or "hold" status. |
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Foreign Corporation Permit - A permit
granted by the Secretary of State authorizing an out-of-state corporation
to conduct its business within that given state. |
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Hypothecate - A form of
moving collateral or any negotiable instrument from a position of priority
lien to a lesser position for the purpose of securing additional
financing. |
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Insolvency - The
inability to pay one's debts and has lost the ability to create income or
generate profits. |
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Internal Rate of Return - A return on an
investment that is greater than the amount described in a contract or any
other investment instrument. The internal rate-of-return is measured by
the ability of the investor to reduce his internal expenses during the
course of managing the investment; which means that the investor actually
makes more than what is outlined in the contract or other investment
instrument. |
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Invoice - An itemized list of goods
dispatched or delivered to a buyer, with prices and charges. |
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Judgment - A ruling
handed down by a court of law ordering an individual or company to make
good on an obligation. |
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Levy - To take possession
of an asset or to liquidate the asset for cash, for the purpose of
satisfying a debt or judgment, on an obligation. |
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Lien - An attachment, either voluntary or
involuntary. A lender will apply a lien to encumber real or personal
property. The lien could be granted by form of an abstract judgment
rendered by a court of law. |
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Line of Credit - Availability of funds by
the lender based on the account debtor's ability to pay. |
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Loan-to-Value - Based on current market
value, the cash from the value of an asset less any liens or encumbrances. |
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Manifest - A detailed
list of a ship's cargo, submitted to Custom officers. This document
describes the true owner of the goods, as a pink slip would show the true
owner of a vehicle. This document is also referred to as chattel paper. |
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Non-Recourse - Generally,
accounts purchased by the lender remains with the lender. The lender
accepts full credit risk for any and all accounts for which it purchases. |
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Obligor - The account
debtor. The individual or company that is liable for a debt created by the
acceptance of goods or services from the account creditor. |
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Ostensible Authority - An individual that
holds himself out to be one of authority to perform a duty of which the
authority was never granted. Such person taking the ostensible authority
he or she may have caused a lender to advance funds or act in a manner
which would normally be considered inappropriate, if the lender was aware
of the actual authority this individual possesses. |
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Overage - The amount of money received by
the lender of which is unidentifiable, non-factored receivables or
overpayment on invoices. |
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Perfected - A fully
executed lien or encumbrance in accordance with the laws of the State in
which the loan was granted. |
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Performance Guaranty - An "assurance"
that if the duties prescribed by a contract are not performed, the
guarantor assumes responsibility for the contract's completion. |
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Personal Property - Assets that belong to
an individual or company that can only be pledged as security by virtue of
a UCC-1 Financing Statement. |
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Pooled Collateral - A form of security
provided to a lender for the purpose of a short term or long term loan.
Assets are grouped together and pledged to the lender for a single loan. |
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Post Petition "Chapter 11" Financing/Sale Lease
- This service is for the company that is presently in Chapter 11
Bankruptcy. Upon court approval, we can provide "instant cash" on
receivables, combined with instant cash on equity in existing equipment if
needed. |
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Priority Lien - First position; the
senior lender in a transaction. |
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Purchase Money Security Interest - A
transfer of one's rights to another by virtue of a cash payment or some
form of consideration. This is typically done between lenders and
perfected under the Uniform Commercial Code. |
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Purchase Order - A written arrangement to
acquire goods or services. |
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Real Property - Real
estate collateral that can only be perfected by a note and a Deed of
Trust. |
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Rebates - A bonus paid back to the
account creditor as a result of prompt paying receivables. |
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Recourse - An established time frame
(usually 61 days) in which non-performing invoices will be returned to the
account creditor for payment to the lender. |
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Reserves - The amount generally held by a
lender over and above the principal amount advanced, usually 20% of the
gross amount. This is held for the purpose of covering non-performing
invoices. |
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Security Interest - A
creditor that holds a perfected right or lien in an individual or
company's existing assets, either in part or entirety. |
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Sliding Scale - A time frame (usually in
15 day increments) of which a lender incrementally increases the amount of
fees assessed on each outstanding receivable. |
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Specific Collateral - A single form of
security provided to a lender for the purpose of a short term or long term
loan. Specific collateral includes items such as an automobile, a piece of
equipment or inventory. |
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Subordinate - To assign one's collateral
position, whether in full or in part, to another to exchange one's
security interest over another. |
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Superior Lien - A lien that is issued by
a Federal Court. Generally, the Federal Court issues superior lien rights
to the lender during the course of post bankruptcy petition financing. If
approved, the Federal Court will place the lender in front of all other
creditors with the intent to benefit all the creditors. |
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Term Loan - A loan that
is made to an individual or a company over a long period of time,
typically 12 months or more. |
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UCC - Short for Uniform
Commercial Code. UCC is the lawful code mandated by the State, which sets
forth the rules and provisions of a perfected security interest. |
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Unperfected Assignment - The rights given
from one person to another; however, the assignment is improperly
documented and recorded. |
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Warranty - An undertaking
by the person insured that a condition of the receivables is as stated or
will be exactly fulfilled. |