Default clauses in factoring agreements

Default clauses define events that can let a factor stop funding, accelerate obligations, charge default fees, or exercise collection rights.

Key takeaways
  • A default can be triggered by more than non-payment.
  • Remedies may include funding suspension, increased reserves, repurchase, collection action, and default charges.
  • Cross-default clauses can connect the factoring agreement to other credit agreements.
  • Ask for a plain-English list of default events and remedies before signing.

Default provisions are often broader than a missed payment. They may include false representations, unauthorized changes to payment instructions, customer disputes, bankruptcy, tax liens, breached covenants, or default under another credit agreement.

A default clause should be read together with remedies. The practical impact depends on whether the factor can stop advances, increase reserves, charge default interest, require repurchase, contact customers, or enforce a guarantee.

Businesses with existing bank credit should also compare the factoring default clause with cross-default language in other agreements.

Clause example

Default language may state that a seller is in default if it redirects customer payments away from the approved lockbox or collection account. The exact wording controls.

Default review table

ProvisionReview point
Event of defaultWhat conduct or condition triggers default?
Cure periodIs there time to fix the issue before remedies begin?
Default rateDoes an extra charge accrue after default?
RemediesCan funding stop or invoices be charged back?

Cross-default risk

If another credit agreement treats a factoring default as its own default, one contract problem can spread. Review existing bank or equipment finance agreements before signing.

Related reading

Sources

  • Uniform Commercial Code Article 9 - Uniform Law Commission. Accessed 2026-05-19. Reference for secured transactions concepts including receivables and filings.
  • International Factoring Association - International Factoring Association. Accessed 2026-05-19. Industry association source for factoring terminology and industry context.
  • Secured Finance Network - Secured Finance Network. Accessed 2026-05-19. Industry education source for secured finance and asset-based lending context.
Financial disclaimer. This page is educational only and is not financial, legal, tax, accounting, or credit advice. Factoring terms vary by provider and contract. Read the full disclaimer.