Gregg Yorkison | What to Do When You Know You’re Going To Blow a Covenant

Shared by Gregg Yorkison Los Angeles

A covenant is a promise or agreement a borrower makes to a lender when borrowing money. Covenants protect the lender’s interests in the banking industry and ensure the borrower can repay the loan. 

Covenants may require the borrower to meet specific financial or operational goals, maintain a certain level of liquidity, or limit the amount of debt the borrower can take on.

By setting these conditions, covenants help to ensure that the borrower can meet their financial obligations and remain financially stable throughout the loan period. In banking agreements, covenants protect both the lender and the borrower. 

They help to ensure that the borrower remains financially healthy, which reduces the risk of default, and they provide the lender with a means of enforcing the terms of the agreement if necessary. 

By understanding covenants and their role in banking agreements, borrowers can make informed decisions and work to maintain healthy financial relationships with their lenders. 

 

Types of Common Banking Covenants 

In banking agreements, covenants are promises the borrower makes to the lender that they will meet specific financial or operational goals. 

Several types of covenants are commonly used in banking agreements; they include;

  • Financial Covenant:  A covenant that requires the borrower to maintain certain financial ratios, such as a debt-to-equity ratio or interest coverage ratio. 
  • Maintenance Covenant: A covenant that requires the borrower to maintain certain financial metrics, such as cash reserves or accounts receivable levels. 
  • Negative Covenant: A covenant that prohibits the borrower from taking specific actions, such as issuing additional debt or selling assets, without the lender’s approval. 

Note: These covenants ensure the borrower can meet their financial obligations and remain financially stable throughout the loan period.

 

Do Covenants Protect Lenders And Guarantee Financial Health? 

Covenants are essential promises or agreements from borrowers to lenders when borrowing money. In banking agreements, covenants help to protect both the lender and the borrower. 

For the lender, covenants act as a safeguard to ensure that the borrower remains financially stable throughout the loan period.

By setting specific financial or operational goals, covenants help the lender assess the borrower’s ability to repay the loan and reduce the risk of default.

Covenants protect the lender’s financial interests and ensure they receive the money they have lent. For the borrower, covenants act as a measure of their financial health.

By meeting the financial or operational goals set out in the covenant, the borrower demonstrates that they are financially stable and capable of fulfilling their obligations. Covenants help in building trust with the lender and ensure ongoing financial support. 

Moreover, covenants can allow borrowers to identify areas of weakness in their financial performance and take corrective action to improve their financial health.

Point-to-Note: Covenants play a critical role in protecting the interests of lenders and borrowers in banking agreements.

They help ensure that the borrower can meet their financial obligations and remain financially stable while providing the lender with financial security.

 

What Are Covenant Violations? 

Covenant violations occur when a borrower fails to meet the financial or operational goals set out in the covenant agreement with the lender. 

These violations can happen for various reasons, such as a change in market conditions, unexpected expenses, or poor financial management. 

A covenant violation can have serious consequences for the borrower, such as increased interest rates, penalties, or even defaults.

To avoid covenant violations, borrowers should carefully monitor their financial performance and take corrective action if necessary to ensure that they meet the terms of their agreement with the lender. 

  1. Change in market conditions: One of the reasons that can lead to covenant violations is a change in market conditions. For example, a sudden economic downturn or change in interest rates can impact a borrower’s financial performance and ability to meet their financial obligations.
    If market conditions change unexpectedly, it can make it difficult for a borrower to meet the financial or operational goals set out in the covenant agreement.
  2. Unexpected expenses: Another reason that can lead to covenant violations is unexpected expenses. These could be expenses related to unforeseen events, such as a natural disaster, or unexpected costs related to the borrower’s business operations.
    If these expenses are factored into the borrower’s financial projections, it can make it easier for them to meet the goals in the covenant agreement.
  1. Poor financial management: Poor financial management can also lead to covenant violations. It could include mismanagement of cash flow, failure to monitor expenses, or the need to forecast future financial performance correctly.
    Suppose a borrower needs to manage their finances more effectively. In that case, it can make it difficult for them to meet the financial or operational goals in the covenant agreement, leading to a violation.

Advice: To avoid covenant violations, borrowers should carefully monitor their financial performance, factor in unexpected expenses, and effectively manage their finances to ensure they meet the goals set out in the covenant agreement. 

 

Can Violations Occur Even With Careful Planning and Execution? 

Even with careful planning and execution, covenant violations can still occur. Financial performance can be impacted by factors outside of a borrower’s control, such as changes in market conditions or unexpected expenses. 

Moreover, unforeseen events can impact borrowers’ ability to meet their financial obligations, even if they have planned and executed their finances effectively.

For example, borrowers may have carefully planned their finances and set goals they believe they can achieve. However, a sudden change in the market or an unexpected expense can impact their ability to meet these goals. 

Similarly, suppose a borrower experiences a personal or business setback, such as a health issue or losing a key client. In that case, it can also impact their ability to meet financial obligations.

In addition, external factors may impact a borrower’s financial performance, such as changes in government regulations or industry trends. 

Even with careful planning and execution, these factors can be difficult to predict and plan for, making it challenging for borrowers to avoid covenant violations.

Overall, while careful planning and execution can help to minimize the risk of covenant violations, borrowers should also be prepared for unexpected events and external factors that can impact their financial performance. 

By regularly monitoring their finances and taking corrective action if necessary, borrowers can minimize the risk of covenant violations and ensure ongoing financial stability. 

So What To Do When You Know You’re Going To Blow A Covenant? 

Regarding covenants, it’s essential to take them seriously and do your best to uphold them. 

However, there may be situations where you know you will break a covenant or agreement. If you find yourself in this situation, here are some steps you can take:

  1. Evaluate the situation: Take some time to think about why you will break the covenant. Is it something that can be avoided or resolved? Are there any alternatives?
  2. Communicate with the other party: Be upfront and honest about the situation. Let them know that you’re going to break the covenant and why. Apologize and devise a solution or compromise that will benefit both parties.
  3. Offer to make amends: Offer to make up for the broken covenant somehow. It could be through financial compensation, extra work or service, or any other mutually agreed-upon solution.
  4. Learn from the experience: Use this situation as a learning opportunity. Take note of what led to the broken covenant and how you can avoid similar situations in the future.
  5. Move forward: Once you’ve done all you can to make things right, moving forward and focusing on maintaining your integrity and reputation is essential. Keep your word and uphold your commitments to the best of your ability.