Equity Cure Loan Agreement

(d) Amount of equity – While some lenders limit the amount of equity proceeds to the amount necessary for the denoxing of the default, other lenders only provide that the proceeds should cover at least the total amount necessary to heal such a default for that period, which essentially allows the borrower to accept more cash than is actually needed to repair the default. The lender would obviously prefer to limit the amount of the equity cure to the amount necessary to soften the default, so that the borrower does not use the equity cure as a backdoor way to finance the business in a way that prevents the lender from using its credit credits. On the other hand, the borrower would negotiate to freely determine the amount of equity to be injected. In credit agreements, lenders typically require the borrower to meet various financial obligations, with the borrower promising to achieve certain financial metrics, which often requires the borrower to stay above or below certain thresholds due to their operations. Since financial covenants are based on the financial performance of the past, breaches of financial covenants generally cannot be cured if there is no cure. This is why the concept of equity is an attractive option for borrowers. An equity provision allows shareholders of a borrower to provide additional equity to the borrower to remedy an existing breach of a financial covenant, so that the breach does not cause a default event. . . .

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