medium · Debt Capital Markets

A borrower is in compliance with their 6.0 × springing maintenance covenant at quarter-end with a leverage of 5.8 ×. However, their EBITDA included a one-time gain of $10 million from the sale of an old factory.

If the credit agreement defines EBITDA as 'Recurring Operating Income,' what is the risk to the borrower?

  1. The borrower will be forced to use the $10 million to pay down the revolver, which would lower their leverage anyway.
  2. There is no risk, as EBITDA is a standard GAAP term that always includes all gains and losses.
  3. The $10 million gain may be excluded from EBITDA, potentially pushing the leverage ratio above the 6.0 × limit.
  4. The lenders will increase the springing threshold to 7.0 × to reward the borrower for the successful sale.

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