ABF Journal's Thought Leadership Podcast

ABF Journal

ABF Journal has launched a podcast series featuring real-time conversations with industry leaders to discuss pressing topics and offer insight into the future.

  1. May 14

    Pulse Podcast #16: Lender on Lender: Inside the Legal Arms Race Reshaping Liability Management

    In this episode of the ABF Journal Podcast, editor in chief Rita Garwood sits down with two of the leading experts in liability management covenant analysis: Julian Bulaon, head of liability management for Americas Covenants at Octus, and Melissa Kelley, deputy head of the Americas Covenants team and a former LME litigator with nearly a decade of experience in New York and London.   Together, they trace the arc of liability management exercises from the shock of Serta Simmons in 2020 — when a bare majority of first-lien lenders used an "open market purchase" loophole to leave the minority holding lien-subordinated, covenant-stripped paper — through the Fifth Circuit's landmark 2024 ruling, and into the current landscape where LME playbooks are evolving faster than the blockers designed to stop them.   In this episode: • What Serta Simmons actually did in 2020 — and why it shocked a credit market that thought it had already closed the relevant loophole • How the "open market purchase" exception was used, why the Fifth Circuit rejected Serta's interpretation, and what the ongoing bankruptcy court remand could mean for the entire loan market • Why the Fifth Circuit's decision didn't end non-pro-rata LMEs — it just changed how they're structured, with privately negotiated purchase exceptions and Extend-and-Exchange structures filling the void • What's happening right now at Medical Solutions, SonicWall, and STARS/Lionsgate — and what makes each situation legally distinct • How the market is naming and tracking blockers — from the "Big 3" (Serta, J.Crew, Chewy) to newer additions like Envision, Xerox, and Pluralsight — and why negotiating power, not awareness, determines which protections actually make it into documents • Whether ABL and asset-backed lenders are exposed to LME tactics, and why the Hertz revolver example offers a model for smarter protection • Why Julian thinks 2025 and beyond may be the era of "stochastic lender violence" — punctuated by moments of extreme aggression as the 2028 maturity wall approaches   Julian Bulaon is head of liability management for Americas Covenants at Octus, where he focuses on identifying the contractual loopholes that enable LME transactions. Melissa Kelley is deputy head of the Americas Covenants team at Octus and brings nearly a decade of front-line LME litigation experience from both New York and London.

    30 min
  2. May 8

    Pulse Podcast #15: The New Era of Bank — Independent Lender Partnerships

    In this episode of the ABF Journal Podcast, editor in chief Rita Garwood sits down with Brian Rosa, president of asset finance at Mitsubishi HC Capital America, to explore one of the most significant — and underreported — shifts reshaping the industry: the accelerating collaboration between banks and independent lenders.While headlines have focused on bank retrenchment, Brian argues that the real story is in the partnerships being quietly forged on both sides. Banks are streamlining balance sheets and seeking ways to remain sticky with customers. Independents are sitting on dry powder and hungry for origination volume. The result? A natural — and potentially permanent — alignment that's changing how small businesses and large enterprises alike access capital.Brian and Rita cover:• Why 15–20+ bank–independent partnerships have been announced in recent years — and why that number is likely to keep climbing• How creative deal structuring works in practice, from non-standard collateral to operating leases and co-investment arrangements• The move from pure lending to full lifecycle asset management — and what that means for banks' customers• AI, data centers, robotics, and automation: the two sectors Brian expects to drive the most bank–independent collaboration in the next 12–24 months• The biggest misconceptions traditional bankers still hold about partnering with independent lenders• Whether this partnership model is a temporary response to market volatility — or the beginning of a permanent new ecosystem for small business capitalBrian Rosa leads the asset finance business at Mitsubishi HC Capital America (MHCA), one of North America's largest independent equipment finance / Monitor companies. MHCA operates across both big-ticket and small-ticket/flow markets and has built deep expertise in sectors including transportation, construction, industrial, and technology.

    22 min

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ABF Journal has launched a podcast series featuring real-time conversations with industry leaders to discuss pressing topics and offer insight into the future.

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