Insight

Debt-Finance: The Five Things our Private Equity Client are Thinking about Going into 2017

So, what should business borrowers – private equity or otherwise - keep front of mind right now when it comes to financing debt?

Rolled up dollar bills.
SR

Simon Reid

November 22, 2016 12:00 AM

Funding costs for high-quality borrowers remain low right now – a point noted recently by the Reserve Bank of Australia.

In contrast, we’re seeing a tightening of lending to lower quality credits or ‘less desirable’ assets such as certain residential developments in the real estate market. So, what should business borrowers – private equity or otherwise - keep front of mind right now when it comes to financing debt?

Inbound investment and new entrants to the market

The loan market is becoming increasingly crowded due to overseas interest.

We continue to receive approaches from overseas lenders (both banks and non-traditional lenders) who are keen to do business in Australia. The competitiveness of the loan market in Australia has previously seen many such lenders adopt a ‘wait and see’ approach. However, we are now experiencing greater demand, similar to the trend experienced with banks from China over the last 12-18 months. We expect to see continued growth in the number of overseas lenders doing business here as potential returns become more attractive - at least on a comparative basis - and the outlook for credit defaults remains low.
This stretches beyond China. Japanese clients are also becoming more acquisitive in Australia with one recent transaction having been the purchase of an Australian foreign currency broker for a Japanese client. This is also indicative of the appetite of overseas investors for Australian financial services businesses. In relation to technology and financial services, we are closely following the proposed regulatory framework released by ASIC which allows fintechs to experiment in the ‘sandbox’ without being required to carry an AFS licence.

Looking beyond Asia, in its most recent Budget, the Federal Government announced plans to relax the tax treatment of asset-backed financing arrangements - otherwise known as Islamic finance. If the changes are legislated this may facilitate additional lenders from countries such as Saudi Arabia and the UAE with a focus on infrastructure projects. Whichever continent an inbound investor may hail from, they’ll need to consider the structuring stage of the transaction. For example, in relation to real estate transactions we’re seeing increased appetite in developing understanding of managed investment trusts and how this relates to the taxation of rental income and capital gains.

Mezzanine financings

Higher leverage for real estate transactions continues to appeal to achieve desired returns.

Financings in the real estate sector continue to attract both senior and mezzanine financings or perhaps stretch-senior financing, often from non-traditional lenders including super funds and private equity sponsors. So long as property prices remain stable, we expect to see continued appetite for these structures.

Documentation risk

There is a continued drive to ensure there are no gaps in conditionality.

Borrowers are continuing to focus on the move from a commitment letter and term sheet to a long-form facility agreement to ensure no additional conditions arise or onerous terms that could jeopardise the transaction. While clients may frequently have alternative lending options offering cheaper debt, if there are any time constraints then they often opt to proceed with their relationship lenders. We are seeing this in a number of instances where new lenders can offer better pricing or a higher leverage but may have additional documentation terms, security requirements or attempt to impose greater oversight on the operation of the business.

Reporting requirements

Borrowers are keen on minimal reporting requirements with their lenders.
Clients are seeking a facility agreement that will impose the fewest possible constraints on the time of management during the term. Facility agreement terms are reasonably well established in the Australian market but wherever such flexibility can be made available by a lender, it provides an attractive option to borrowers. In particular, this means they often press for reporting requirements in line with the existing practice of the underlying business, rather than adapting the business to the requirements of the bank group.

It’s worth noting that private equity sponsors have a strong offering for portfolio companies in this regard given their sophistication and experience relating to the management and delivery of such reporting requirements and corporate governance experience generally.

Focusing on what they’re best at

Our clients want to simply focus on what they’re best at (namely investing in and managing assets) with a continuing trend towards creating value for portfolio companies through innovation. Lenders and service providers can assist in this regard by sharing their experience in relation to the relevant target asset, especially where that asset is more complex or may be of a class that is coming to the market for the first time such as the privatisation of certain government assets.

For more information, follow the source link below.

Related Articles

The Great Reckoning


by John Ettorre

Eight years after the financial crisis, aftereffects continue to ripple through the financial sector.

Businessman in a circus cannon prepared to launch out of a canon

What California Divorce Law Changes Reveal About US Families


by Bryan Driscoll

Why economic trends, technology and globalization are redefining family law.

family law changes headline

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

"Lawyer of the Year"


Lawyer wearing suit poses for headshot

Ed Snow

Commercial Finance Law

Atlanta, GA

2024

Infrastructure Restructure


by David A. Lum

Developers are embracing creativity and ESG to continue their real estate projects amidst a backdrop of inflation, supply chain demands and pipeline issues.

Two figures standing in construction site

Blurred Lines


by Andrew Kirby

Where does responsible lending end and unconscionability begin? Australian courts have come to vastly different conclusions. An overview of current case law.

Golden house on a map with technology lines blurred on the map

Hey, Big Lender


by Latif Zaman and Catherine M. Brennan

A contentious proposed federal rule would establish “true lender” guidelines for banks and third parties. Does Colorado show the way forward?

Financial Institution

Marriage, Mortgages, and Millennials


by Angelica Rolong Cormier

More and more couples nowadays are cohabitating before marriage. But how does reimbursement claims work if a divorce happens?

Man and woman wearing denim while painting a room white

Too Good to Fail


by Best Lawyers

Sandro Abegglen discusses new regulations after financial crises, corruption, and more.

Sandro Abegglen discusses new regulations after financial crises and corruption

An Interview With Latham & Watkins


by Best Lawyers

Germany's 2020 “Law Firm of the Year” honoree in Banking and Finance Law

Close up of hands checking a document on a clipboard

Return the Favor When Bidding


by Denys Myrgorodskiy

Denys Myrgorodskiy, the managing partner of Dynasty Law Firm, looks at the process of withdrawing insolvent banks from the market in Ukraine and its potential consequences.

Black background with six blue city buildings with red going sideways down a building

How PLMJ's Unique Structure Shapes Its Insolvency Practice


by Best Lawyers

A leading attorney with the 2019 "Law Firm of the Year" winner for Insolvency and Reorganization Law in Portugal speaks to Best Lawyers CEO Phillip Greer.

Colorful Building Illustration Representing PLMJ’s Legacy

The Economic Landscape Changing Capital Markets Law in Mexico


by Best Lawyers

Michell Nader discusses his firm's 2019 "Law Firm of the Year" award for Capital Markets Law in Mexico.

Illustration of a globe with colorful silhouettes of people inside

What Happens to Credit Card Debt When I Get a Divorce?


by Hossein Berenji

In a community property state like California, credit card debt may be shared between partners.

Businessman with laptop and a stack of white envelopes looks through them

Thomas Thalhofer of Noerr on the Future of German IT Law


by Best Lawyers

Noerr received the 2019 "Law Firm of the Year" award for Information Tehcnology Law in Germany.

Thomas Thalhofer of "Law Firm of the Year" winner Noerr discusses his Digital Business practice

In the News Weekly Roundup: Lawyers and the Gig Economy


by Best Lawyers

Locke Lord is expanding its London office; Bodman attorney elected to The Federalist Society; Comings and goings at Schiff Hardin.

Multiple people in a company all in different rooms, one room is presenting, the other is sitting an

Trending Articles

The Family Law Loophole That Lets Sex Offenders Parent Kids


by Bryan Driscoll

Is the state's surrogacy framework putting children at risk?

family law surrogacy adoption headline

Algorithmic Exclusion


by Bryan Driscoll

The Workday lawsuit and the future of AI in hiring.

Workday Lawsuit and the Future of AI in Hiring headline

Best Lawyers 2026: Discover the Honorees in Brazil, Mexico, Portugal, South Africa and Spain


by Jamilla Tabbara

A growing international network of recognized legal professionals.

Map highlighting the 2026 Best Lawyers honorees across Brazil, Mexico, Portugal, South Africa and Sp

Unenforceable HOA Rules: What Homeowners Can Do About Illegal HOA Actions


by Bryan Driscoll

Not every HOA rule is legal. Learn how to recognize and fight unenforceable HOA rules that overstep the law.

Wooden model houses connected together representing homeowners associations

Holiday Pay Explained: Federal Rules and Employer Policies


by Bryan Driscoll

Understand how paid holidays work, when employers must follow their policies and when legal guidance may be necessary.

Stack of money wrapped in a festive bow, symbolizing holiday pay

Reddit’s Lawsuit Could Change How Much AI Knows About You


by Justin Smulison

Big AI is battling for its future—your data’s at stake.

Reddit Anthropic Lawsuit headline

Florida Rewrites the Rules on Housing


by Laurie Villanueva

Whether locals like it or not.

Florida Rewrites the Rules on Housing headline

US Tariff Uncertainty Throws Canada Into Legal Purgatory


by Bryan Driscoll

The message is clear: There is no returning to pre-2025 normalcy.

US Tariff Uncertainty Throws Canada Into Legal Purgatory headline

Alimony Explained: Who Qualifies, How It Works and What to Expect


by Bryan Driscoll

A practical guide to understanding alimony, from eligibility to enforcement, for anyone navigating divorce

two figures standing on stacks of coins

Can a Green Card Be Revoked?


by Bryan Driscoll

Revocation requires a legal basis, notice and the chance to respond before status can be taken away.

Close-up of a U.S. Permanent Resident Card showing the text 'PERMANENT RESIDENT'

UnitedHealth's Twin Legal Storms


by Bryan Driscoll

ERISA failures and shareholder fallout in the wake of a CEO’s death.

United healthcare legal storm ceo murder headline

The 2026 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

The region’s most highly regarded lawyers.

Map highlighting Chile, Colombia and Puerto Rico for the 2026 Best Lawyers Awards

New Texas Family Laws Transform Navigating Divorce, Custody


by Bryan Driscoll

Reforms are sweeping, philosophically distinct and designed to change the way families operate.

definition of family headline

What Is the Difference Between a Will and a Living Trust?


by Bryan Driscoll

A practical guide to wills, living trusts and how to choose the right plan for your estate.

Organized folders labeled “Wills” and “Trusts” representing estate planning documents

Why Skechers' $9.4B Private Equity Buyout Sparked Investor Revolt


by Laurie Villanueva

Shareholder anger, a lack of transparency and a 'surprising' valuation.

Skechers shareholder lawsuit headline

How Far Back Can the IRS Audit You?


by Bryan Driscoll

Clear answers on IRS statutes of limitations, recordkeeping and what to do if you are under review.

Gloved hand holding a spread of one-hundred-dollar bills near an IRS tax document