hard · Debt Capital Markets primary-issuance-syndication

A portability provision defines 'Net Leverage' based on EBITDA for the most recent four quarters. However, the transaction occurs mid-quarter. The issuer's EBITDA was $50 million per quarter for the first three quarters, but the current quarter is projected at $70 million due to a new contract. Pro forma net debt is $1,050 million.

If the threshold is 5.0x, does the issuer pass portability using only the most recent completed quarters?

  1. No, leverage is 5.25x because the $70 million projected quarter cannot be used until the quarter is officially closed.
  2. Yes, leverage is 5.0x because the indenture expressly permits 'good faith' projections of the open current quarter.
  3. No, leverage is 21.0x because the numerator in portability tests is not annualized over a four-quarter period.
  4. Yes, leverage is 4.77x because the trailing four-quarter average, including the projection, works out to $55 million.

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