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Thursday, December 19, 2013 2:27:19 PM
I handle over $85 million in fixed assets for my company, pretty sure I know what I'm talking about here. The bank has a lien against the assets. They have first claim against them in the event of bankruptcy.
The PO for fixed assets is a contract between the supplier and the company. Not the supplier and the bank.
In addition to that, DPDW has $38.5 mill in total assets of which $12.4 is FAs. The bank can only claim damages up to the $$ of the notional loan amount. The term loan is $5 mill and as of 9/30/13 the company has only dawn down $2.07 mill.
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