Other Stakeholder Risks and Mitigants

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? 

StakeholderExistenceContracts, Conditions & CovenantsNature of claimPossible claims
Other syndicated banks Y/NPrior 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 banksY/NPrior 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
Development banks Y/NPrior 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
Export credit agenciesY/NPrior 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
BondholdersY/NPrior 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
High yield bondholdersY/NPrior 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
Convertible bondholdersY/NPrior 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
Commercial paper holdersY/NPrior 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
Purchasers of bank debtY/NPrior 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
Credit default swap providersY/NPrior 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
Derivative banksY/NPrior 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
Trade finance banksY/NTitle to goods
Leasing companies / banks Y/NLegal ownership of assets
Factoring companiesY/NOwnership of receivables
Cash management banksY/NControl over cash flows
Right of set off over cash balances
Payment traffic banks Y/NControl over cash flows
Right of set off over cash balances
Agents / Advisors Y/NAccess to critical information prior to us 
SuppliersY/NRetention of title to goods
Other creditors Y/NNatural liens over assets / set off rights 
ShareholdersY/NClaims on cash flow via dividends 
Joint Venture partiesY/NClaims on cash flow via dividends 
Tax AuthoritiesY/NClaims preferred by law
Employees Y/NClaims preferred by law

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