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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 PBCC 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
Pention "Chapter 11" Financing/Sale Lease - This service is for
the company that is presently in Chapter 11 Bankruptcy. Upon court approval,
PBCC 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. |