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

Written by Simon Reid

Published: November 22, 2016

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.
Learn More About:

Banking And Finance Law

Economy

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 Disqualifies You From Filing Bankruptcies


by Bryan Driscoll

A guide to navigating eligibility, the means test and the legal hurdles of declaring bankruptcy.

A silhouette of a large hand pushing over a row of falling dominos toward a small figure standing be

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

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

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

What Spain’s Proposed ‘Google Tax’ Means for its New Economy


by Mariano Roca López

How the Spanish Stability Program is tapping new sources of tax revenue.

Spain’s Google logo with a black line down the middle of the first "o" with two triangles

Trending Articles

Recognizing Legal Leaders: The 2027 Best Lawyers Awards in Australia, Japan and Singapore


by Jamilla Tabbara

Market drivers, diversity trends and the elite practitioners shaping the legal landscape.

Illustrated maps of Australia, Japan and Singapore displayed with their national flags, representing

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

Musk v. Altman: The Lawyers Behind the Case


by Jamilla Tabbara

Meet the Trial Lawyers Shaping One of AI's Biggest Legal Disputes.

Portrait photos of Elon Musk and Sam Altman positioned in front of the OpenAI logo.

The Best Lawyers in France 2027: Peer-Reviewed Excellence


by Jamilla Tabbara

Seventeen editions of peer trust, a growing profession and a dynamic legal market.

3D Map of France with National Flag Graphic

Announcing the 2027 Best Lawyers Awards: Austria, Germany and Switzerland


by Jamilla Tabbara

Celebrating the legal professionals throughout Central Europe.

Graphic displaying three-dimensional map cutouts of Austria, Germany and Switzerland.

The Legal Teams Behind the Blake Lively–Justin Baldoni Settlement


by Grace Greer

A closer look at the legal teams and attorneys involved in the Blake Lively–Justin Baldoni litigation and its resolution.

Split-screen image of Blake Lively and Justin Baldoni

How AI Is Changing the Way Clients Find Lawyers


by Jamilla Tabbara

Best Lawyers CEO Phil Greer explains how AI-driven search tools are reshaping legal marketing and why credibility markers matter.

AI chat bubble icon with stars representing artificial intelligence transforming client-lawyer conne

Colorado’s 2026 Water Rights Battles


by Bryan Driscoll

A new era of conflict begins.

Colorado Water Rights 2026: A New Era of Conflict headline

When Is It Too Late to Stop Foreclosure?


by Bryan Driscoll

Understanding the foreclosure timeline, critical deadlines and the legal options that may still protect your home.

Miniature house model on orange background surrounded by thumbtacks representing foreclosure

Can You Go to Jail at an Arraignment?


by Bryan Driscoll

Understanding What Happens at Your First Court Appearance.

A heavy chain lying on the ground in the foreground with a blurred figure standing in the background

What’s the Difference Between DUI and DWI?


by Bryan Driscoll

Understanding the terminology and consequences of impaired driving charges.

Driver during nighttime police traffic stop with officer's flashlight shining through car window

How to Choose a Personal Injury Lawyer


by Bryan Driscoll

Finding the right legal representation after an injury is a critical decision that requires careful evaluation. 

3D scene representing the deliberative process of choosing a personal injury attorney

What Happens if You Don't File Taxes


by Bryan Driscoll

The penalties are real, but so are your options. Here's what the IRS can do and what you can do about it.

A torn dollar bill revealing a watchful eye, surrounded by flying documents

When to Get a Lawyer for Work Injury


by Bryan Driscoll

Understanding your rights and navigating the complexity of workers’ compensation claims.

Injured worker receiving medical attention at workplace

What Disqualifies You From Filing Bankruptcies


by Bryan Driscoll

A guide to navigating eligibility, the means test and the legal hurdles of declaring bankruptcy.

A silhouette of a large hand pushing over a row of falling dominos toward a small figure standing be

Legal Separation vs. Divorce


by Bryan Driscoll

A clear guide to understanding the legal, financial and emotional differences between separating and ending a marriage.

Miniature figures of two people standing apart with a child figure between them on a cracked surface