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Good morning.
The recent change in personal bankruptcy laws
(effective
October 17) got me thinking about the risks that
virtually all of
my small business clients take when they personally
guarantee
their corporate loans. No one likes to think
about the
downside
when they hand you the pen
and say… "Just sign
here…"
Best regards,

Bradlee T. Howe
Financial Managers Trust
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"Just Sign Here..."
In February 1984, my first entrepreneurial
venture went
bust, and I ended up owing the Cambridge Trust
Company
$50,000 (2005 dollars: ca. $100,000). Not a
really big
deal in retrospect, except that I was in the family-
and career-
formation stages with an at-home wife, five kids, and
a big
mortgage.
Fortunately, all of my eggs were not in one basket.
Financial
Managers Trust was up and running with five clients,
so the
demise of The Cambridge Express, a start-up
weekly
free circulation newspaper, did not put me out of
work. It
was humbling to admit to my investors that a tax
write-off
would be their only return, but after two years
of losing
the competitive battle with The Tab, they
knew the end
was near.
So I went hat-in-hand to the Bank and Jim
Dwinell, my
friendly neighborhood banker (truly, he was)
asked
me what I intended to do with the Company's loan
that I
had personally guaranteed.
"Well,"
I said, "it's going
to take a few months to collect the receivables and
pay off the
accrued payroll and taxes. Then I'll see how much is
left to pay
down the loan and ask you for the best repayment
deal
available."
Four months later, after several trips to small claims
court, I
had collected all that I was to collect and had
liquidated the
payroll and tax liabilities that could bite me
personally, while
reducing the bank debt to $40,000. Jim and I had a
follow-up
conversation.
"What can you afford?" he asked.
"How about ten years at prime?" I offered,
trying to
establish a baseline for negotiations.
"O.K.," he said. And that was that. I never
considered
not repaying the obligation in full.
I thought about that process last week when one of
my clients,
a growing $3MM family business, asked its bank to
double its
line of credit to $300,000. In its analysis of the loan
request,
the bank noticed that the owners were having
difficulty
managing very high levels of personal credit card
debt which
was, in fact, helping to underwrite the company. Not
all of this
had been recorded on the company's books, and as
we
explored the situation, it turned out that both
expenses and
liabilities had been somewhat understated as a result.
There was no intent to deceive here — my
client
was simply embarrassed to acknowledge that,
despite
profitable operations for the past year, cash was a
major
problem due to lengthy international receivables.
The
banker, having known the family and the
business for a
while — and respecting the integrity of
the
principals — agreed to advance the
additional
funds, contingent on the pledge of further collateral
in the
company's building, owned in a separate trust.
"All they're doing is lending us our own money. We
could just
take a second mortgage and put the cash into the
business,"
said my client, forgetting that the building was tied
up in an
SBA financing package that would have to be
unwound first.
"No," I explained. "The bank is really trying to
accommodate
you. But given the company's up-and-down history
and your
off-the-books financing, they just need to protect
their
commitment to you. In the worst case, if you go
bust, they
don't want to deal with your receivables and
creditors. They
want you to have an incentive to do that in
order to
minimize the hit on the building."
From that first experience twenty-plus years ago and
in the
time since then, I have come to appreciate several
things about
banks and their financings:
- Banks aren't investors; they're not
constituted to
take risks.
- Bankers by nature are risk-averse; the
"cowboys" in the industry get weeded out
quickly.
- Their margins are pretty thin: borrowing
at
3.75% (fed funds rate) and lending at 6.75% (prime)
means
that it takes a lot of good loans to offset one $100K
bad
debt.
- Your personal guarantee, backed by your
hard assets,
gives your banker comfort that your continuing skin
in the
game will save his/her skin at the bank.
Starting at $600 in July, 1984, I wrote monthly
checks to the
Cambridge Trust, a process which changed my risk
profile
almost as much as did the consumption rates of my
growing
family. All the same, taking "the hit" early myself
has
given me tremendous respect for the entrepreneurial
spirit
which drives my clients, and several million
others in the
U.S., to take big risks in pursuit of what they
hope will be
substantial rewards. One of their constant
challenges,
therefore, is to work to mitigate their financial risks.
They may
not have a banker as friendly as Jim Dwinell.
Read on…
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Alligator Bites
In the immediate aftermath of 9/11, capital equipment
businesses in particular suffered. Confronted by global
uncertainty, companies postponed capital investments and
cancelled equipment orders, so that the sales pipeline dried up
and layoffs were rampant. In this environment, a few days
prior to Thanksgiving in 2001 I was referred to a $10MM capital
goods company that was soon to be a $6MM company,
manufacturing and marketing products in the $60–
100,000 range.
The company president, an energetic young guy who had
purchased the business just a few years previously, had
accurately diagnosed the problem as one of trying to stay
afloat through the storm, as his core business was reliable. He
had begun to make the right cost-reduction moves, but he
was wary of the bank, which had contributed significant
funding to the acquisition financing process. In the halcyon
days of the late '90s, when capital was chasing almost any kind
of deal, the bank had provided more than $2MM in loans
without requiring a personal guarantee, lending strictly on the
assets of the business.
As sales dropped from $800,000/mo. in June 2001 to less than
half of that in October, the bank, which was regularly
monitoring receivables and inventory levels, moved to
high-alert status. Their collateral base was rapidly eroding, and
they had no back-up security. My client, seeing the walls
closing around him and lacking enough personal assets to
reassure the bank, was reluctant to go back to his
investors (family and friends) for more financial
support. So the bank was left with little choice but to call the
loan, attach the bank accounts, and force the company into
Chapter 11 reorganization.
During the ensuing two years, we worked through the
bankruptcy process and ultimately came out the other side as
sales recovered. The company is doing nicely in the current
environment, and the bank will ultimately be paid in full. Not
so the other creditors, however, and certainly not so my client.
The bankruptcy process cost him in excess of $500,000,
arguably for want of a personal guarantee. The bank couldn't
afford to back him if he couldn't back himself.
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About Us
Financial Managers helps the managers of smaller
companies and non-profit organizations develop
reliable financial information for operational
decisions.
On an affordable retainer basis, FM serves as
the
part-time controller and senior financial manager for
multiple clients, leading them to profitability and
positive cash flow.
The goal is for the organization
to outgrow Financial Manager's services, at which
time FM will take the lead in identifying and hiring the
right full-time financial person for the firm, and effect
a smooth transition to his or her management.
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Financial Managers Trust
781-799-5737 | FAX 781-788-9794
PO Box 2 Lexington MA 02420
PO Box 1527 Fort Myers FL 33902
www.finman.com
To read our privacy policy click here. © 2005 Financial Managers Trust. All rights reserved.
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DRAINING THE SWAMP
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Among the measures that lending institutions use to
determine
the feasibility of a corporate loan request is the
Debt
Service Coverage formula.
Your banker
wants to
know
that the company's cash flow will be sufficient to
cover your
anticipated repayments of interest and principal on
your loans.
The formula is the annualized Earnings Before
Interest,
Depreciation and Amortization (EBIDA) divided by the
annual
interest expense plus current (12 months)
repayments of principal on term loans.
Assume:
| Net operating income |
$ |
180,000 |
| Interest expense |
$ |
30,000 |
| Depreciation |
$ |
60,000 |
| Amortization |
$ |
10,000 |
| EBIDA |
$ |
280,000 |
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| Proposed current payments, long-term
debt:
td>
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| Principal |
$ |
100,000 |
| Interest |
$ |
30,000 |
| Interest on line of credit |
$ |
10,000 |
| Total Debt Service |
$ |
140,000 |
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| Debt Service Coverage
Ratio |
2.00X |
Two times debt service coverage is a healthy ratio
and may
indicate a capacity for additional borrowing,
contingent on
other factors. A ratio lower than 1.0 may indicate
that the
company lacks the resources to service its current
debt,
especially in the absence of significant equity.
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