FR EA

Extract to table

Pull the structured facts out of a document: parties, dates, amounts, obligations.

Extract to table / internal-memo-key-negotiation-points.docx
internal-memo-key-negotiation-points.docx · 1005-00001

Parties

HARKNESS LLP
Nexford Industrial Holdings Inc
Gage LLP
Associates LLP
INCREMENTAL FACILITY FLEXIBILITY Inc
Ratio-Based Inc
Consolidated Net Inc

Dates

March 4, 2025
February 24, 2025
March 3, 2025
March 28, 2032
November 8, 2021
March 7, 2025
March 10, 2025
December 31, 2024
June 30, 2025
March 28, 2025

Amounts

$1,400,000,000
$879,375,000
$190,000,000
$335,000,000
$38,625,000
$147,000,000
$250,000,000
$100,000,000
$280,000,000
$385,000,000

Obligations

Incremental Equivalent Debt The W&G draft is silent on incremental equivalent debt, and this is a gap that must be addressed in the borrower's markup
This creates a meaningful incentive structure that aligns the interests of the Borrower and the lenders: the Borrower must generate sufficient cash flow to reduce leverage before accessing uncapped distribution capacity
The equity cure right should be subject to the following limitations: (a) no more than two cures may be exercised in any four consecutive fiscal quarters, (b) no more than five cures may be exercised during the life of the Facility, and (c) the cure amount must be limited to the minimum amount necessary to achieve compliance with the maintenance covenant (i
The cure contribution must be made in cash within ten business days following the date on which the applicable compliance certificate is required to be delivered
No Event of Default shall exist at the time of or immediately after giving pro forma effect to such acquisition
After giving pro forma effect to such acquisition (including any debt incurred or assumed in connection therewith), the Borrower shall be in compliance with a maximum first lien net leverage ratio of 4