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Commercial Finance Loan ConsiderationsCommercial 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
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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