RE: This requires attention Red flag4 Oct 2022 14:22
Thanks for this Freedom4Uall
I had to look this up. Do you have a link to the Times Article ?
The terms I can see are from
https://www.synthomer.com/fileadmin/files/ir/eastman_acquisition/Synthomer%20plc%20-%20circular%20%28final%29.pdf
As far as I can tell it covers what we might expect if the company has less earnings but a debt still to pay, basically a lack of dividends and deals.
The financial covenant under the Term Loan Facility Agreement is a leverage covenant,
whereby the net borrowings of the Synthomer Group must not exceed 4.00 times the consolidated
EBITDA of the Synthomer Group on the first “Calculation Date” (as defined in the Term Loan Facility
Agreement, being 31 December 2021), 3.50 times the consolidated EBITDA of the Synthomer Group
on the second and third Calculation Date, 3.25 times the consolidated EBITDA of the Synthomer
Group on each Calculation Date thereafter. No more than once during the life of the Term Facility,
following completion of an acquisition, Synthomer may elect to increase the maximum permitted
leverage by 0.50 times the consolidated EBITDA of the Synthomer Group in respect of the two
measurement periods ending immediately following completion of such acquisition.
The Indenture governing the Notes contains a number of customary covenants that, among other
things, limit or restrict the ability of the issuer and its restricted subsidiaries, subject to certain
exceptions, to:
• incur or guarantee additional indebtedness;
• incur certain liens
• pay dividends and make other distributions on, or redeem or repurchase, capital stock;
• enter into transactions with affiliates of the issuer and its restricted subsidiaries;
• enter into agreements that restrict the ability of the restricted subsidiaries to make dividends or
other payments, or otherwise transfer assets, to the issuer or its restricted subsidiaries;
• designate restricted subsidiaries and unrestricted subsidiaries;
• merge or consolidate; and
• transfer or sell assets.