Archive for 2020

GOP Proposes PPP Skinny Bill, Vote Thursday

September 9, 2020
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Capitol BuildingOn Tuesday, Senate Republicans introduced a slimmed-down “Skinny Bill” stimulus proposal, offering $500 billion proposed aid that they believe both sides of the aisle can agree on.

The Bill will extend PPP loans into the fall with $258 billion and certain small businesses will also be able to receive a second forgivable loan. If passed, the Skinny will also reintroduce weekly unemployment benefits of $300- half the $600 CARES act benefits that ended in July.

The Senate will vote on the proposed bill Thursday afternoon. The vote will test the GOP’s cohesion, which could not garner enough support for the $1 trillion HEALS act introduced in July. To pass, the Bill will need seven Democrat votes and 60 votes overall.

If it passes, it will have to survive the Democrat-controlled house. House Majority Leader Nancy Pelosi has already spoken against the Bill, saying it is filled with Republican “poison pills” that cannot pass in the House. House Dems are calling the Bill wholly political. Senate Majority leader Mitch McConnell said that if the Bill can not pass, the GOP can demonstrate that Dems are “stonewalling” aid.

Lendini Relaxes Previously Announced Covid-Guidelines

September 9, 2020
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Bensalem, PA –September 9, 2020– Lendini is excited to announce its return to small business funding. Through superior efficiency and analysis, the company has improved the process of alternative funding from some of the brightest minds in finance, technology and analytics. With updated (temporary COVID-19) guidelines, they remain dedicated and committed to their merchants and ISOs in these unprecedented times.

Lendini works directly with you to prepare the best package for your client, whether that be a Business Cash Advance (BCA) or Merchant Cash Advance (MCA). Simply put, Lendini advances money based on the average monthly gross sales of a business or average monthly credit card sales. Money can be advanced quickly because securing assets and collateral is not required.

Get clients funded in 4 easy steps; application submission, information review, approval or denial, final review and your client is funded. Minimal documentation is required. The company must have 18 months in business with $7,500 per month in gross sales and an average daily balance of $750. We require a minimum of 5 deposits, monthly into the business bank account.

Funding Stipulations:

  • Bank login
  • Funding call with merchant

Required Documents:

  • Application
  • All 2020 business bank statements + MTD
  • Signed and dated agreement
  • Proof of business existence
  • Meets state registration requirements
  • Proof of ownership
  • Merchant interview
  • Driver’s license
  • Voided check (starter checks will not be accepted)

With $540 million dollars funded to 15,000 small businesses, Lendini offers incomparable solutions customized specifically for your client. The company prides itself in being able to offer up to $300,000 in as little as 1 business day (in most cases). Funding can be used for any business purpose you may have.

Lendini is not a bank and does not provide loans, they offer cash advances. With Lendini, business owners receive the capital they need without lengthy delays or excessive paperwork. In general, Lendini offers pre-approvals in under three hours and next day funding of approved advances. The staff provides unparalleled customer service and treats each business owner with the respect they deserve.

Fountainhead CEO Chris Hurn Speaks With deBanked About His Experience With 2020

September 9, 2020
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Chris Hurn, the CEO of Fountainhead, a national non-bank direct commercial lender based in Lake Mary-FL, recently told deBanked in an interview what his company has experienced in 2020. The company was recently ranked 1,502 on the Inc. 5000 list.

Watch the interview below:

The New Largest Merchant Cash Advance in History: $90 million +

September 9, 2020
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The largest merchant cash advance in history (at $40 million), first publicly disclosed in 2018, has been outdone. On Tuesday, the Receiver in the Par Funding SEC case revealed that its largest customer had outstanding purchased receivables of $91.3 million. The customer is an office and cleaning supply company based on Long Island. The amount is now the largest known merchant cash advance deal in history.

Par’s second largest customer had outstanding purchased receivables of $35 million.

Par’s total receivables are estimated to be $420 million. $228.8 million of it stems from just 10 customers including the two referenced above, according to a recently filed report.

NYC Restaurants Have Had Enough, Two Lawsuits Filed to Reopen Indoor Dining

September 9, 2020
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class action lawsuitThe five buroughs of New York City are still quiet. Restaurants remain closed to inside dining; gyms still await their regulars to return (beefcakes deflating with inactivity), and in-person schooling has been pushed back once again, while the districts take an extra week to prepare.

Through it all, business owners are losing money. Some have had enough.

Il Bacco, an Italian restaurant in Queens, is leading the charge. The restaurant recently filed a $3 billion class-action lawsuit against New York, signed by more than 300 restaurants. Il Bacco is a three-story eatery in Little Neck, 500 feet from the Nassau county border where restaurants can open to 50% capacity.

Another group of restaurants met separately at a rally in Staten Island to speak out against the inaction of lawmakers and to formally propose a separate lawsuit to force the reopening of restaurants.

On behalf of Bocelli, Joyce’s Tavern, and the Independent Restaurant Owners Association Rescue- (IROAR) papers were filed in Richmond County, calling for the emergency opening of restaurants throughout NYC at 50% capacity. IROAR was started last week as a confederation of 14 disgruntled restaurants. More recently the association has grown to 180 members.

Tina Maria, daughter of the owner at Il Bacco, also started an online petition with more than 5,000 signatures at writing.

On Sept 9th, shopping malls can open to 50% capacity and Casinos to 25% capacity, but restaurants like Il Bacco still struggle to make up for six months of decreased activity.

In speaking at the rally on Tuesday, Bob Deluca owner of Delucas Italian Restaurant said he and his workers have put in hundreds of hours of work a week just to see government officials keep his business from opening. Now he said, enough is enough.

“We’re being discriminated against, we’re being bullied,” Deluca said. “My mother told me to always stand up to bullies and stand up for people in need who are being bullied. Right here, this is our knockout punch.”

Deluca dropped the lawsuit on the podium, punctuating his frustration. He said he never wanted it to come to this, but it has come to it. Deluca reacted to Mayor Bill de Blasio’s comment from two weeks ago, stating restaurants were for the middle class and wealthy people.

“We are workers, it’s not a luxurious lifestyle, we are barely middle class,” Deluca said. “What about the waiters, the busboys, what about the dishwashers the bartenders, and the cooks. To say restaurants are for the middle class and wealthy is the most ignorant statement I’ve ever heard.”

Fintech Equality Coalition: meet disparity in minority PPP funding

September 9, 2020
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fintech equalityLast month, a group of fintech companies christened the Fintech Equality Coalition. Dedicated to ensuring racial equality is a right extended to everyone, the group pledges to focus on enhancing access to financial services for the underrepresented- particularly within the black community.

The coalition comes at a pivotal time for fintech, currently facing the challenges created by the 2020 pandemic.

In August, the Federal Reserve Bank of New York released a study into the distribution of PPP and how the funds affected black communities. The institution found that the number of small business owners fell by 22% from February to April- the largest drop on record. But the closure of businesses was not felt equally.

“Black businesses experienced the most acute decline, with a 41 percent drop,” The study said. “Latinx business owners fell by 32 percent, and Asian business owners dropped by 26 percent. In contrast, the number of white business owners fell by 17 percent.”

The study also showed that forty percent of Black-owned businesses are concentrated in 30 counties across the country. 19 out of 30 of these counties were the hardest hit by COVID 19 in the nation.

Unfortunately, other studies have shown that the PPP did not accurately get funds to areas hit by the virus. The National Bureau of Economic Research (NBER) published in July, found that companies more negatively affected by COVID were less likely to be approved.

This may explain why the Small Business Majority study into PPP found that while 63% of Black and Latino small business owners applied, less than two-thirds received funding.

The Fintech Equality Coaltion’s pledge is overall a promise to do more for minority communities, stating:

  • Because the Black community is underserved by financial services
  • Because there are Black voices and issues in our industry that should be but are not currently amplified
  • Because Black employees and Black-owned businesses are underrepresented in the tech community, including at many of our companies
  • Because the Black community is underrepresented in leadership roles, including at many of our companies
  • Because these promises are meaningless without accountability

The coalition is a pledge to host and sponsor events like forums that feature black speakers. The pledge is also a recognition that the black community has been underserved by financial services in the past, and the signers aim to incorporate more black-owned businesses than before.

Who’s signed

Betterment | Jon Stein, CEO

Betterment | Jon Stein, CEO

Blend | Nima Ghamsari, CEO

Blend | Nima Ghamsari, CEO

Carver Edison | Aaron Shapiro, CEO

Carver Edison | Aaron Shapiro, CEO

Cadre | Ryan Williams, CEO

Cadre | Ryan Williams, CEO

Commerce Ventures | Matt Nichols, CEO

Commerce Ventures | Matt Nichols, CEO

Credit Karma | Ken Lin, CEO

Credit Karma | Ken Lin, CEO

Commonbond | David Klein, CEO

Commonbond | David Klein, CEO

Divvy Homes | Adena Hefets, CEO

Divvy Homes | Adena Hefets, CEO

Dosh | Ryan Wurech, CEO

Dosh | Ryan Wurech, CEO

Earnest | Susan Ehrlich, CEO

Earnest | Susan Ehrlich, CEO

Fabric | Adam Erlebacher, CEO

Fabric | Adam Erlebacher, CEO

Freedom Financial Network | Brad Stroh & Andrew Housser, co-CEOs

Freedom Financial Network | Brad Stroh & Andrew Housser, co-CEOs

Guidefi | Charlene Fadirepo, CEO

Guidefi | Charlene Fadirepo, CEO

Halo | Taylor Simpson, CEO

Halo | Taylor Simpson, CEO

Harness Wealth | David Snider, CEO

Harness Wealth | David Snider, CEO

Jetty | Luke Cohler, President & Michael Rudoy, CEO

Jetty | Luke Cohler, President & Michael Rudoy, CEO

Kard | Ben Mackinnon, CEO

Kard | Ben Mackinnon, CEO

Kindur | Rhian Horgan, CEO

Kindur | Rhian Horgan, CEO

Manifest | Anuraag Tripathi, CEO

Manifest | Anuraag Tripathi, CEO

Marqeta | Jason Gardner, CEO

Marqeta | Jason Gardner, CEO

Mass Challenge | Siobhan Dullea, CEO

Mass Challenge | Siobhan Dullea, CEO

MoneyLion | Dee Choubey, CEO

MoneyLion | Dee Choubey, CEO

Monzo | TS Anil, CEO

Monzo | TS Anil, CEO

Nova Credit | Misha Esipov, CEO

Nova Credit | Misha Esipov, CEO

Oneblinc | Fabio Torelli, CEO

Oneblinc | Fabio Torelli, CEO

Oportun | Raul Vazquez, CEO

Oportun | Raul Vazquez, CEO

Petal | Jason Gross, CEO

Petal | Jason Gross, CEO

Renaissance Payments | Joseph Akintolayo, CEO

Renaissance Payments | Joseph Akintolayo, CEO

Rhino | Paraag Sarva, CEO

Rhino | Paraag Sarva, CEO

Scratch | Sameh Elamawy, CEO

Scratch | Sameh Elamawy, CEO

Spruce | Patrick Burns, CEO

Spruce | Patrick Burns, CEO

SoFi | Anthony Noto, CEO

SoFi | Anthony Noto, CEO

Stash | Brandon Krieg, CEO

Stash | Brandon Krieg, CEO

Steady | Adam Roseman, CEO

Steady | Adam Roseman, CEO

Tally | Jason Brown, CEO

Tally | Jason Brown, CEO

Varo | Colin Walsh, CEO

Varo | Colin Walsh, CEO

Zest AI | Mike de Vere, CEO

Zest AI | Mike de Vere, CEO

 

 

 

OnDeck Directors Sued in Class Action For Allegedly Withholding “Material Information” From Shareholders To Make Enova Deal Happen

September 8, 2020
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NASCAR - Black and WhiteAn OnDeck shareholder is asking the Delaware Court of Chancery to halt the sale of the company to Enova until OnDeck discloses allegedly material information that would appear to put the landmark deal in an entirely new light.

On September 4, Conrad Doaty filed a class action lawsuit against Noah Breslow, Daniel S. Henson, Chandra Dhandapani, Bruce P. Nolop, Manolo Sánchez, Jane J. Thompson, Ronald F. Verni, and Neil E. Wolfson for breaching their fiduciary duties owed to the public shareholders of OnDeck.

According to Doaty, the Enova offer of $90 million ($82 million stock, $8 million in cash) was not even the best bid that OnDeck received but he alleges that OnDeck’s directors and executives took it because they were individually offered “exorbitant personal compensation” including “millions of dollars in severance packages, accelerated stock options, performance awards, golden parachutes and other deal devices to sweeten the offer.”

Doaty makes reference to other bids for OnDeck with specifics including two all-cash offers, one that valued OnDeck at between $100 million and $125 million and one that valued it at between $80 million and $110 million. He says that no explanation for their rejection was disclosed.

Doaty also alleges that OnDeck relied on two sets of financial projections to evaluate a sale of the company, one for all prospective bidders (that projected a quick economic recovery) and another set that was used only for Enova (that projected a slow economic recovery). Doaty’s point is that Enova’s valuation was based on less optimistic data and that OnDeck did not publicly disclose to shareholders the more optimistic version that all the other prospective buyers of the company got to see.

“Most significantly, is that it is not pressing time to sell,” Doaty says. “The company was not facing imminent financial collapse or financial ruin.” He continues by pointing out that the company had $150 million of cash on hand and that it had successfully navigated workouts with its creditors over issues caused by the pandemic.

“Yet as a result of the frantic and unreasonable timing of the sale, the consideration offered for OnDeck is woefully inadequate.”

In addition to “exorbitant personal compensation” promised to the Board members, Doaty argues that a cheap price benefits parties who sat on both sides of the transaction, namely Dimensional Fund Advisors LP, BlackRock, Inc., and Renaissance Technologies, LLC, all of whom are said to hold greater than 5% beneficial ownership interest in both OnDeck and Enova. None of them are named as defendants.

“…even if the exchange ratio is unfair,” Doaty argues, “those institutional investors will still benefit from seeing their positions in Enova benefitted. Non-insider stockholders, on the other hand, will not be parties to the benefit.”

The law firm representing the plaintiff in Delaware is Cooch and Taylor, P.A.
Case ID #: 2020-0763 in the Delaware Court of Chancery.

You can download the full complaint here.

As an aside, deBanked mused two days prior to the filing of this lawsuit that the sales price of OnDeck was so low that early OnDeck shareholders stand to recover less of their investment as a result of this deal than investors in a rival company that was placed in a court-ordered receivership by the SEC.

What Stimulus is Next for SMBs?

September 4, 2020
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Downtown Annapolis MarylandNext week, lawmakers will finally be back from vacation, arguing over the next stimulus package. There are various proposals, and the two competing Republican and Democrat offerings are nearly a trillion dollars apart.

It’s the Senate GOP HEALs act vs. the House Democrats HEROs act. But in between, what may be getting the most support? Standalone bipartisan bills that focus on extending and forgiving PPP loans.

Ryan Metcalf, head of the office of Government affairs and Social Impact for Funding Circle, has been following conversations on The Hill closely. 

“Up until Monday, Pelosi said they weren’t even going to even put a bill forward for a new stimulus,” Metcalf said. “But then yesterday [Tuesday] Secretary Mnuchin said he was open to doing a standalone PPP loan. It’s the one that has the most bipartisan support; they can’t meet anywhere else than PPP.”

Funding Circle is one of the world’s largest online lenders, with about $10 billion in global loans to date. Metcalf said Funding Circle mostly offers US loans in the $25,000 to $500,000 range, and as a funder for PPP, offered more loans in just eight days in August than half of their total business in July. His company had to cut off funding requests, locking out some customers that needed help, simply because the deadline had ended.

“When PPP ended on August 8th, the narrative was that PPP had died out, and there was no interest in it, but that is a complete fallacy,” Metcalf said. “We were processing loans for the smallest of small businesses- 10-15 employees- well under $50,000 loans, the people still needed help.”

 

REAL SMALL BUSINESSES: ONES WITH UNDER TEN EMPLOYEES ARE REALLY GRINDING

 

Steve Denis, Executive Director of the Small Business Finance Associaton (SBFA), has also been engaged in the process. He has been petitioning members of Congress on behalf of what he calls truly small business, those under 10 employees or nonemployers that still need help.

“‘Real’ small businesses: ones with under ten employees that are really grinding, like small hair salons, retail stores, and mechanics don’t really have traditional banking relationships,” Denis said.

SBA data from July found that most of the loans made (66.8%) were in the $50k range and to very small businesses, but the largest amount of capital went towards firms that applied for a $350k-$1M sized loan.

Denis said that the higher dollar amount PPP loans were more profitable for banks to make, so disproportionate funding went toward bigger businesses with pre-established finance connections. This disparity is backed up by research. Studies, like one from the National Bureau of Economic Research (NBER), found that firms with stronger connections to banks were more likely to be approved for PPP funds.

“The way fees are structured: there’s an incentive for big banks to prioritize bigger deals at [commission] rates like 3% or 5%,” Denis Said. “They’d rather make that on a $500,000 deal than on a $40,000 deal.”

Denis said the SBFA was lobbying for Congress to create a prioritized amount of money authorized only for smaller loans, under $100,000-$150,000, to focus on those really small businesses with less than five employees.

 

“WE NEED A FORGIVENESS BILL THAT STREAMLINES THE PROCESS”

 

Like Metcalf, Denis sees the most likely outcome is an extension of PPP- at least until the end of the federal fiscal year budget in September. If the Fed cannot agree on a budget, the government will go into shutdown- and this year would be the worst time to shut down.

“The only thing that motivates Congress to move big legislation like this are deadlines; there’s a big deadline coming up,” Denis said. “At the end of September, the fiscal year runs out and there needs to be a budget agreement.”

SBA LoansMetcalf said that the next round of PPP programs need to make sure businesses can get their first loan if they haven’t already, and streamline the loan forgiveness process to keep the SBA from getting overwhelmed.

“We need a forgiveness bill that streamlines the process; lenders will not have the resources to process forgiveness, a first PPP and second PPP as it is,” Metcalf said. “In my call with the SBA two weeks ago, they said for processing new 7(a) lender applications and all the other business they do to resume their normal business we’re looking at six months.”

The PPP proposal that Metcalf likes the best is called the Paycheck Protection Small Business Forgiveness Act, which stipulates a one-page forgiveness form for all loans made under $150,000. Metcalf said he saw support from a bipartisan group of over 90 members of Congress.

Another opportunity is the Economic Injury Disaster Loan (EIDL) program- offering long term loans to businesses with less than 500 employees that need financial help. Both Denis and Metcalf encouraged business owners to check out the program, which offers loans directly from the government without the need to prove forgiveness.

In the end, Denis said he was interested in the Republican “Skinny Bill” that is a cheaper breakdown of the GOP HEALS Act, but he said it is all up in the air.

“This is just me guessing,” Denis said. “I have talked to these people every day, but even members of Congress on Capitol Hill have no clue what’s going to happen.”