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Commercial Finance Loan Considerations

Considerations When Choosing a Commercial Finance Loan

When Enterprise Financial Partners assists companies with their commercial finance loan needs, we want them to have a basic understanding of some of the more common terms associated with a commercial finance loan and the requirements of the lenders with which we work. To help ensure that this is the case when seeking a commercial finance loan, we've put together the following list and description of certain key terms you’ll want to consider when choosing a commercial finance loan or other financing arrangement for your company:

  Interest Rates
  Advance Rates
  Credit Agreements
  Guaranties
  Prepayment
  Assumptions

Interest Rates

Interest rates on a commercial finance loan are usually variable with those of larger and financially strong companies often based on a pre-determined spread over the 30-day London InterBank Offered Rate (LIBOR) or the lender’s base or prime rate. Fixed rate commercial finance loans, however, are normally quoted on the basis of a spread over a comparable US Treasury note or the lender’s cost-of-funds or swap rate. Rates on a higher-risk commercial finance loan (e.g., mezzanine loans) are typically based on the lender’s targeted rate of return for the perceived level of risk undertaken.

Companies with a variable rate commercial finance loan are often able to hedge some or all of their exposed variable rate debt through the use of an interest rate swap. An interest rate swap is a financial instrument representing a transaction in which two parties agree to swap or exchange net cash flows, on agreed-upon dates, for an agreed-upon period of time and for interest on an agreed-upon principal amount. For example, one party might agree to swap variable rate commercial finance loan payments with the fixed rate commercial finance loan payments of the other party, with the net effect being each party getting the benefit of the other’s interest rate.

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Advance Rates

Advance rates on commercial finance loans (e.g., asset based and equipment loans) often vary from lender to lender and differ depending on the financial strength of the company involved. When it comes to asset based loans, most commercial finance loan lenders and finance companies will advance 75 percent to 85 percent of a company’s eligible accounts receivable, and 40 percent to 60 percent of its eligible inventory. As for equipment, depending on the type of equipment, its condition and the term desired, lenders will typically lend from 75 percent to 90 percent of the equipment’s cost or value. Value, however, could be defined as either market value  or orderly liquidation value (or OLV) depending on the commercial finance loan lender involved and the company’s financial ability.

If a company needs to maximize cash and desires 100 percent or more financing on equipment, it may need to look at the various commercial finance loan and leasing options available. Leasing companies often have programs that allow the company to finance up to 100 percent—or more—of the asset being acquired. There are a variety of commercial finance loan and lease programs available to our clients, with the most common being operating and capitalized leases. If this is something you’re interested in, you should consult with your CPA or accountant to determine which type of lease best serves your tax needs.

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Credit Agreements

A commercial finance loan more often than not comes with a credit agreement that requires a company to make certain affirmative and negative covenants and other agreements relating to activities the company may or may not engage in during the term of the commercial finance loan or financing arrangement. For example, most of these agreements provide that the company prepare and remit interim and annual financial statements—the latter often audited—to the lender, as well as various forms of borrowing base certificates or other forms of compliance certificates, to allow the lender to monitor the company’s on-going financial health.

Commercial finance loan credit  agreements may also provide that certain financial covenants (or ratios) be maintained, such as a minimum net worth or a periodic cash flow coverage ratio—all of which are normally customized to your company's specific situation.

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Guaranties

For larger, established companies, personal guaranties from principal owners or sponsors are often not required for a commercial finance loan. However, in those situations whereby the lender does require principals to provide some form of personal guaranty—a guaranty of payment in most cases—the principals can sometimes negotiate a limited guaranty specifying a certain dollar amount or a percentage of the outstanding loan balance, or they may only be required to sign a guaranty of collection. While not always a preferred method of guaranty from the lender’s perspective, a guaranty of collection is a form of guaranty that essentially provides that the lender must first collect all they can from the borrowing company before coming after the guarantor of a commercial finance loan.

One other option that may be available in certain commercial finance loan circumstances is a so-called fraud guaranty. Under this form of guaranty, the individual or entity signing would generally only be liable to the lender to the extent certain fraudulent activities took place during the term of such guaranty. In all other cases, the lender typically requires full guaranties from all principal owners of the borrowing company or some other qualified credit enhancement; this is especially true for newer, smaller and undercapitalized companies requiring a commercial finance loan.

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Prepayment

Many fixed rate commercial finance loan and lease credit facilities often have some kind of prepayment limitation or penalty associated with them in the event of early prepayment. These prepayment limitations and penalties may take the form of, respectively, no prepayment during the first year of the commercial finance loan or lease and the payment of a certain percentage of the loan’s principal balance (e.g., 1 to 5 percent), or the penalty may be determined through the use of a yield-maintenance formula. Certain extended-term commercial finance loans (e.g., asset based loans) also typically carry with them prepayment restrictions that won’t allow a company to terminate the commercial finance loan at all without imposing some form of early termination fee.

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Assumptions

In most cases, a commercial finance loan doesn’t provide for third-party assumptions per se; some lenders will, however, allow their notes to be assigned to other qualified companies in certain circumstances. Most notably, these scenarios are usually only allowed whenever it’s in the best interest of the lender to allow the assignment to take place. In other words, when a company’s financial health has deteriorated and the new party to the relationship provides an additional enhancement to the commercial finance loan relationship. Under normal circumstances, a company shouldn’t expect this to be an option in most situations.

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