The Equity Cure Provision — Saving Debt With Equity

Law360, New York (September 17, 2015, 10:49 AM EDT) -- For many sponsor-backed borrowers, and this would include technology companies that have raised at least one round of financing, the equity cure provides a lifeline that isn't necessarily available to traditional borrowers. The equity cure is a provision in loan documents that permits the borrower to receive into the company equity capital in most cases, or subordinated intercompany debt in other instances, and to apply the proceeds in such a way as to bolster certain financial metrics, with the result that the borrower is able to stave off a loan default. The provision gives the borrower one more alternative where it would otherwise have been forced to seek a loan modification, waiver, forbearance, or worse, acceleration of the debt....

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