hard · Corporate Credit Analysis distressed

In a Chapter 11 cramdown, a secured lender with a $500m claim is being paid via a replacement note: $500m principal, 6-year term, at a 7% rate the debtor argues satisfies the 'fair and equitable' present-value standard. The lender objects, arguing the proper rate is 11% (a market rate for comparable exit financing).

Under the prevailing formula approach for valuing deferred cash payments to a secured creditor, which factor would a court LEAST appropriately use to build up from the risk-free base, and why?

  1. The reorganized debtor's projected probability of plan default, because a higher feasibility risk profile should raise the discount rate applied so as to preserve the present value of the secured claim
  2. The quality and loan-to-value coverage of the collateral securing the replacement note, because materially weaker collateral coverage warrants a substantially larger risk premium to offset potential shortfall exposure
  3. The duration of the plan's repayment period, because a meaningfully longer deferral horizon increases the cumulative exposure to the debtor's ongoing credit deterioration and reorganization execution risk over time
  4. The lender's own cost of obtaining replacement exit financing in the open market, because a competitive market rate including lender profit and transaction costs is the correct benchmark for the cramdown rate

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