Limitation on indebtedness: Overview, definition and example
What is limitation on indebtedness?
Limitation on indebtedness refers to a contractual restriction that limits the amount or type of debt a company can incur. This provision is commonly found in loan agreements, bond covenants, and credit facilities to ensure that a borrower does not take on excessive debt that could jeopardize its financial stability or repayment ability.
For example, a lender may include a limitation on indebtedness clause in a loan agreement to prevent a company from taking on additional loans beyond a specified debt-to-equity ratio.
Why is limitation on indebtedness important?
Limiting indebtedness is important because it helps protect lenders, investors, and the borrowing company itself from excessive financial risk. By capping the amount of debt a company can incur, lenders can reduce the likelihood of default, ensuring that the borrower maintains financial discipline and remains capable of meeting repayment obligations.
For businesses, such clauses are crucial in maintaining a stable credit profile and securing favorable borrowing terms. Without debt limitations, companies might overextend themselves, leading to financial distress or bankruptcy.
Understanding limitation on indebtedness through an example
Imagine a retail company takes out a $5 million loan from a bank. The loan agreement includes a limitation on indebtedness clause stating that the company cannot take on additional debt exceeding 2x its annual earnings before interest, taxes, depreciation, and amortization (EBITDA). This restriction ensures the company does not over-leverage itself and maintains a healthy financial position.
In another example, a startup secures venture debt with a condition that limits its total outstanding debt to $2 million. If the startup wants to borrow more, it must first get approval from the lender or demonstrate improved financial metrics. This restriction prevents the startup from accumulating excessive liabilities that could endanger its future growth.
An example of a limitation on indebtedness clause
Here’s how a limitation on indebtedness clause might appear in a loan agreement:
“The Borrower shall not, without prior written consent from the Lender, incur or assume additional indebtedness that would cause the Borrower’s total outstanding debt to exceed [Insert Ratio or Amount]. Any violation of this provision shall constitute an Event of Default under this Agreement.”
Conclusion
A limitation on indebtedness clause helps manage financial risk by preventing excessive borrowing that could lead to financial instability or default. For lenders, it ensures that borrowers remain creditworthy, while for businesses, it promotes disciplined financial management. Including a clear debt limitation provision in agreements protects all parties involved and ensures long-term financial sustainability.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.