medium · Debt Capital Markets

In a 'First-Out / Last-Out' (FOLO) unitranche structure, how does the springing maintenance covenant typically apply?

  1. The covenant only applies to the 'Last-Out' lenders, as they are the ones taking the most risk.
  2. The covenant is usually managed by the 'First-Out' lenders (often banks providing the revolver) who have the most conservative risk profile.
  3. The covenant is automatically waived if the First-Out lenders are repaid in full.
  4. The 'Last-Out' lenders can override any waiver given by the 'First-Out' lenders.

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