Financial Covenants: Debt to EBITDA Ratio

Financial covenants are used as a tool for lenders to measure a borrower’s health and to test their ability to incur additional debt. Borrowers and lenders alike negotiate financial covenants to ensure it works both for the company’s ability to r… Read More
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Common Mistakes to Avoid When Filing UCC Financing Statements: A Guide for Lenders and Borrowers

In the world of commercial lending, securing debt financing is a crucial aspect of business operations. Uniform Commercial Code (“UCC”) financing statements play a vital role in this process, serving as a legal document filed by a lender to secur… Read More
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Credit Agreement Amendments

We are seeing many credit agreements being amended within today’s market. Most of these amendments are centered around the rising interest rates in the economy and macroeconomic changes. While many amendments in the recent market have been focused… Read More
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Original Issue Discount

Original Issue Discount (or “OID”) can dramatically change the cost of capital when borrowing from a lender. Lenders could charge a fee on each issuance of debt under their facility, which would ultimately lower the net proceeds received by a bor… Read More
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Legal Scale Named to 2024 Best Lawyers: Ones to Watch® in America

Legal Scale is pleased to announce that we have been included in the 2024 edition of Best Lawyers: Ones to Watch® in America, with special recognition of Neil ODonnell. See our profile on the Best Lawyers website. About Best Lawyers Best Lawyers is… Read More
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Secured and Unsecured Loans and Priority of Liens

Introduction Businesses have many debt financing options available to them in order to obtain a loan. In most financings, a borrower receives money in exchange for the payment of interest to the lender as well as other consideration (including provid… Read More
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Lock-Up Periods: Regular IPOS vs. SPACS IPOS

(Source) A lock-up agreement is a legal agreement signed by all the shareholders of a company, which restricts them from selling any shares of the company’s stock for an agreed period of time. There are no federal laws governing lock-up agreements;… Read More
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Lending Facilities - Merchant Cash Advance, Factoring Facilities & Revenue-Based Financing

Merchant Cash Advances A merchant cash advance is a type of loan that offers a cash advance against future sales. The term is commonly used to describe a variety of small business financing options, providing quick cash for business. A merchant cash… Read More
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The Managing Partners Podcast

Learn from Mehak Rashid and Neil ODonnell’s expertise and what trends are helping grow their firm on this episode of The Managing Partners Podcast Read More
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Circle of Competence: Is WeWork Fixable?

Neil ODonnell, along with help from the the Capital Technologies Quant team, explores how the market currently is discounting its future prospects (through current bond issue pricing) and what it will ultimately take to turn the business around. View Read More
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