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?

Debt-Finance: Private Equity
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

A Legal Guide for Businesses During COVID-19


by Roy D. Oppenheim

Oppenheim Law creates a useful guide for problems small to medium-sized businesses may face during this time of uncertainty.

COVID-19 Legal Information for Businesses

Too Good to Fail


by Best Lawyers

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

An Interview With Niederer Kraft Frey

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.

Credit Card Debt After Divorce

The Quest for Smarter, Better RFPs


by Anne Forkner

A law firm that cannot meet deadlines, stay within page limits, and answer all parts of a question in an RFP is providing important information regarding the firm’s ability to meet client requirements.

Request for Proposals

Q&A with Franklin Hoet-Linares of Venezuela’s Hoet Pelaez Castillo & Duque


by Best Lawyers

An interview with Franklin Hoet-Linares of Venezuela’s Hoet Pelaez Castillo & Duque.

Franklin Hoet-Linares

Learning about Your Finances in Divorce


by Kathleen Ann Hogan

Finances in Divorce

The Great Reckoning


by John Ettorre

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

The Great Reckoning

An Imprudent Customer and His Money Reunited: Fos Imposes A New Duty On Banks To Prevent Fraud


by Michael Chaaya

"The Financial Ombudsman Service Australia (FOS) issued a Determination whereby a bank had to reimburse a customer for money sent to an offshore ‘boiler room’ known to the bank to be a scam."

Preventing Financial Fraud

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights.

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipment

Introduction to Demand Generation for Law Firms


by Jennifer Verta

Learn the essentials of demand gen for law firms and how these strategies can drive client acquisition, retention, and long-term success.

Illustration of a hand holding a magnet, attracting icons representing individuals towards a central

Social Media for Law Firms: The Essential Beginner’s Guide to Digital Success


by Jennifer Verta

Maximize your law firm’s online impact with social media.

3D pixelated thumbs-up icon in red and orange on a blue and purple background.

ERISA Reaches Its Turning Point


by Bryan Driscoll

ERISA litigation and the laws surrounding are rapidly changing, with companies fundamentally rewriting their business practices.

Beach chair and hat in front of large magnify glass

How Client Testimonials Fuel Client Acquisition for Law Firms


by Nancy Lippincott

Learn how client testimonials boost client acquisition for law firms. Enhance credibility, engage clients and stand out in a competitive legal market.

Woman holding blurb of online reviews

Critical Period


by Armelle Royer and Maryne Gouhier

How the green-energy raw materials chase is rewriting geopolitics

Overhead shot of mineral extraction plant

Best Lawyers Expands With New Artificial Intelligence Practice Area


by Best Lawyers

Best Lawyers introduces Artificial Intelligence Law to recognize attorneys leading the way in AI-related legal issues and innovation.

AI network expanding in front of bookshelf