TOOL J1
Key Issues
- Who are the current and potential future stakeholders?
- What is their claim on current and future assets, contracts and cash flows?
- Do other debt providors have better conditions and covenants than us?
- Who has cross default rights and what is our position relative to theirs in the event of a default?
Stakeholder | Existence | Contracts, Conditions & Covenants | Nature of claim | Possible claims |
Other syndicated banks | Y/N | Prior ranking charges on assets (collateral) Assignment of contracts Beneficiaries of guarantees Beneficiaries of standby letters of credit Claims on cash flow via interest Principle repayment prior to us Better terms and conditions Access to critical information prior to us | ||
Bilateral banks | Y/N | Prior ranking charges on assets (collateral) Assignment of contracts Beneficiaries of guarantees Beneficiaries of standby letters of creditClaims on cash flow via interest Principle repayment prior to us Better terms and conditions Access to critical information prior to us | ||
Development banks | Y/N | Prior ranking charges on assets (collateral) Assignment of contracts Beneficiaries of guarantees Beneficiaries of standby letters of creditClaims on cash flow via interest Principle repayment prior to us Better terms and conditions Access to critical information prior to us | ||
Export credit agencies | Y/N | Prior ranking charges on assets (collateral) Assignment of contracts Beneficiaries of guarantees Beneficiaries of standby letters of creditClaims on cash flow via interest Principle repayment prior to us Better terms and conditions Access to critical information prior to us | ||
Bondholders | Y/N | Prior ranking charges on assets (collateral) Assignment of contracts Beneficiaries of guarantees Beneficiaries of standby letters of creditClaims on cash flow via interest Principle repayment prior to us Better terms and conditions Access to critical information prior to us | ||
High yield bondholders | Y/N | Prior ranking charges on assets (collateral) Assignment of contracts Beneficiaries of guarantees Beneficiaries of standby letters of creditClaims on cash flow via interest Principle repayment prior to us Better terms and conditions Access to critical information prior to us | ||
Convertible bondholders | Y/N | Prior ranking charges on assets (collateral) Assignment of contracts Beneficiaries of guarantees Beneficiaries of standby letters of creditClaims on cash flow via interest Principle repayment prior to us Better terms and conditions Access to critical information prior to us | ||
Commercial paper holders | Y/N | Prior ranking charges on assets (collateral) Assignment of contracts Beneficiaries of guarantees Beneficiaries of standby letters of creditClaims on cash flow via interest Principle repayment prior to us Better terms and conditions Access to critical information prior to us | ||
Purchasers of bank debt | Y/N | Prior ranking charges on assets (collateral) Assignment of contracts Beneficiaries of guarantees Beneficiaries of standby letters of creditClaims on cash flow via interest Principle repayment prior to us Better terms and conditions Access to critical information prior to us | ||
Credit default swap providers | Y/N | Prior ranking charges on assets (collateral) Assignment of contracts Beneficiaries of guarantees Beneficiaries of standby letters of creditClaims on cash flow via interest Principle repayment prior to us Better terms and conditions Access to critical information prior to us | ||
Derivative banks | Y/N | Prior ranking charges on assets (collateral) Assignment of contracts Beneficiaries of guarantees Beneficiaries of standby letters of creditClaims on cash flow via interest Principle repayment prior to us Better terms and conditions Access to critical information prior to us | ||
Trade finance banks | Y/N | Title to goods | ||
Leasing companies / banks | Y/N | Legal ownership of assets | ||
Factoring companies | Y/N | Ownership of receivables | ||
Cash management banks | Y/N | Control over cash flows Right of set off over cash balances | ||
Payment traffic banks | Y/N | Control over cash flows Right of set off over cash balances | ||
Agents / Advisors | Y/N | Access to critical information prior to us | ||
Suppliers | Y/N | Retention of title to goods | ||
Other creditors | Y/N | Natural liens over assets / set off rights | ||
Shareholders | Y/N | Claims on cash flow via dividends | ||
Joint Venture parties | Y/N | Claims on cash flow via dividends | ||
Tax Authorities | Y/N | Claims preferred by law | ||
Employees | Y/N | Claims preferred by law |