While borrowers continued to insist that credit documents be more flexible, provisions for some funds continued. Some funds now apply to the borrowing conditions of incremental facilities, incremental facilities and proportional debts to finance an acquisition on limited terms. These functions provide borrowers with the comfort they need to finance future purchases. In the case of larger transactions, borrowers were able to extend this “limited acquisition” protection to all acquisitions using such sources of financing, regardless of whether a financing condition is included in the underlying acquisition file. At present, the applicability of provisions for certain funds has been further expanded and includes not only future acquisitions, but also other investments, debt repayment and limited payments with limited conditionality characteristics. In the middle market, only the lower average market still exhibits opposition to the broader applicability of certain provisions of the fund. Culture baskets should be used at all times when a hard-caped quantity is implemented. They are defined as the largest capped amount (I) and (II) as a percentage of the borrower`s consolidated balance sheet or consolidated EBITDA corresponding to that dollar amount on the closing date of a transaction. Producer baskets are generally considered exceptions to negative pacts, but they are also used in relation to the clear and free amount of incremental debt and incremental debt provisions and the amount of the basket of available basket as described above. In the traditional medium market (and to a lesser extent in the upper middle market), some transactions have introduced exclusions for limited payment baskets and junior debt payments under the producer basket concept, while providing flexibility for baskets considered to be destined for the underlying activity (e.g. B investments). Credit contracts generally allow the borrower to acquire a certain amount of debt related to (and only for financing) an authorized acquisition or investment.
Larger transactions generally allow borrowers to formulate the most flexible wording and allow the absorption of a business debt, provided that the obligation of the company or its subsidiaries is acquired. The upper middle market takes a similar (but more restrictive) approach to the large ceiling, but may also require that the borrower, after making the acquisition debt effective, meet pro forma financial obligations and/or complete a leverage test (usually the same test that applies to proportional debt). While it is not uncommon for this type of debt to be allowed in the lower middle market, it will be subject to additional restrictions, including subordination conditions and dollar ceilings.