medium · Private Credit documentation-covenants-terms

A borrower has a 'Covenant-Lite' loan structure with an 'Incurrence-Based' leverage test of 6.0x. The company's leverage currently sits at 7.5x due to a significant EBITDA decline.

Is the company in default?

  1. No, unless the company attempts to take a specific restricted action like issuing new debt or paying a dividend.
  2. No, because incurrence covenants are structurally designed to test only interest coverage, not leverage.
  3. Yes, because any breach of the negotiated leverage ratio automatically constitutes an Event of Default under the loan.
  4. Yes, but only if the revolving facility's separate springing maintenance covenant component happens to be activated first.

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