A blog designed to provide financial information, solutions, and alternatives within a highly challenged lending environment.

Thursday, January 28, 2010


Are You Looking To Monetize A Financial Instrument?


Financial instruments like stand by letters of credit, bank guarantees, and other financial guarantees are virtually the same as cash. When you have a financial guarantee, a funder is looking to make certain that the instrument is "cash backed" and "callable": the funder can go to the provider of the instrument and expect repayment of the funds in short order from that provider.


Many people purport to have the ability to "monetize" financial instruments, but, at the end of the day, are not able to do so. In many instances the instrument may be something that can be monetized, but the client does not have the correct procedures necessary to accomplish their task.


Below is a set of procedures from a funding source that will monetize financial instruments: provided you follow the procedures listed below. These procedures came from the funding source, so, if you can follow the procedures listed below, you can obtain funding. Let us know if you have a financial instrument that you are looking to monetize.


Transaction Process Summary


The fund is a private U.S. source lender with several billion dollars in verifiable closings.


Funding overview:


a) All transactions must have a “sum and date certain guarantee” issued by top 25 banks.

b) The instrument can not be leased or encumbered so Lender can be fully repaid directly in first

position if necessary. Loan proceeds may be used for any purpose - personal or business.

c) Minimum transaction size: $10 million. Initial maximum size $100 million, possible $1 billion+.

d) APR 5% - 9% fixed interest only. Rate based on transaction size and strength.

e) Funding Term: 1 year minimum for $100M+. 2 years minimum for less than $100M. Up to ten years

balloon payment available with deferred principal and interest calculated at semi-annual compounded

rate of 5% - 9%, based on transaction size and strength.

f) In exchange for equity share in project, interest rate can be reduced by 1 - 2 points.

g) Memorandum of Understanding issued within 24–72 hours of receiving completed information.

h) Financing structure options: Principal & Interest, Interest only, Balloon payment with full deferment of

principal and interest for up to ten years or other customized payment plans possible.

i) Lender does not issue a letter of intent or commitment letter, instead a contract will be issued once

the borrower’s capacity to provide the guarantee has been verified.

j) Success fee of between 2–4% plus participation shares/points, based on the size of transaction.


Financial institution or corporate guarantees


a) Guarantor must have a presence in United States.

b) Instruments issued by any global HSBC office would be acceptable so long as the issuing bank

identifies their US counterpart at HSBC in New York.

c) Corporate guarantees must have an investment grade rating (BBB+ or better, according to S&P).

d) Guarantees must be secured by LOC, COD or approved collateral/assets assignments.

e) Full disclosure as to origin and owner of the underlying funds or assets backing the financial

guarantee or instrument.


For all banking instruments used in transaction:


a) Borrower provides Lender with bank representative's contact information and notifies the bank of

Lender's intention to provide the loan against a secured instrument issued by the bank.

b) Lender provides Borrower with bank reference to confirm Lender's capacity to fund.

c) Bank provides Lender with sample draft of instrument.


Documentation:


a) Complete due diligence and finalized terms of the loan agreement with the borrower.

b) Loan agreement and other supporting legal documentations are drawn and submitted to Borrower

for conditional approval.

c) Closing document drafts and legal opinions to be reviewed by both attorneys and mutually approved.

d) Transaction closing date to be scheduled.


Closing process (simultaneous escrow):


a) Instrument is drawn in favor of escrow agent with Lender or its assigns as beneficiary.

b) Lender will fund borrower’s escrow account.


Required Information for Issuing a Memorandum of Understanding (Term Sheet):


1) Transaction Summary: size, terms and structure desired for use of funds. Names of principals

involved in the transaction with contact information and biographies.

2) Contact information: US legal counsel or law firm representing the borrower.

3) Contact information: Bank representative and/or guarantor.

(Banker/Guarantor can furnish a Letter of Intent or provide a verbal confirmation to verify borrower’s

capacity to secure the guarantee).

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Commercial Funding Alternatives is a blog based on the knowledge of a number of lenders working to provide viable lending alternatives in a very challenging environment.