• videocam Live Webinar with Live Q&A
  • calendar_month September 2, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Banking and Commercial Finance
  • schedule 90 minutes

Structuring Financial Covenants in Loan Documents: Purposes, Types, Definitions, and Uses

Maximizing Borrower Protection and Lender Remedies

About the Course

Introduction

This CLE course will provide borrowers' and lenders' counsel with a review of the use of EBITDA, leverage ratios, and other metrics in loan documentation and uses of financial covenants. The panel will outline critical issues relating to structuring financial covenants, related definitions, and use in commercial loans.

Description

Negotiating the definition of EBITDA and related financial covenants is a matter of intense client focus. Sophisticated clients rely on counsel to provide knowledgeable support on EBITDA and relevant covenants.

Strategically crafted financial covenants and related definitions can provide the borrower with the flexibility to operate its business and the lender with adequate protection and remedies.

Uncertainty or lack of clarity regarding drafting financial covenants and related definitions may result in costly disputes. Carefully structured credit agreement provisions can minimize disagreements among the parties.

Listen as our authoritative panel of finance practitioners discusses trends in the use of EBITDA in loan documentation and financial covenants and events of default provisions in commercial loans.

Presented By

Stacie L. Cargill
Shareholder
Polsinelli

Ms. Cargill advises corporate borrowers, private equity funds, banks, private debt funds and other financial institutions on a broad range of domestic and international financing matters. Her work includes acquisition and investment financing, asset-based lending, specialty finance, direct lending, fund finance and debt restructurings. Ms. Cargill handles single and multiple borrower deals, as well as single-lender, agented and syndicated arrangements across a range of commercial industries. Financial Institutions, corporate borrowers and private equity sponsors turn to her for guidance on both secured and unsecured transactions. 

Jon M. English
Partner
Morgan, Lewis & Bockius LLP

Mr. English represents private debt funds, business development companies, and other institutional investors in domestic and cross-border financings. He advises lenders in various transaction types including unitranches, first lien/second lien transactions, mezzanine investments, and debtor-in-possession financings. Mr. English specializes in transactions in a diverse range of industries including software, healthcare, and energy, and involve new money originations, out-of-court restructurings, and bankruptcies.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, September 2, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Purpose of financial covenants

II. Types of financial covenants

III. Financial definitions: net income, EBITDA, fixed charges

IV. Covenant-lite transactions

V. Distinctions between cash flow and asset-backed loans

VI. Mandatory prepayments: excess cash flow

VII. Equity cure rights

The panel will review these and other key issues:

  • Why have financial covenants?
  • What are the critical conceptual drivers that fuel the negotiation of financial covenants?
  • How does understanding these key concepts help negotiate the optimal outcome for clients?