Private Debt: FOLO Tranches & Covenants

Unitranche debt structures blend senior and subordinated risk into a single credit agreement with the borrower. Behind the scenes, Agreement Among Lenders (AAL) contracts govern First-Out / Last-Out (FOLO) payment waterfalls, dictating interest priority, voting rights, and enforcement control during liquidity stress.

First-Out vs Last-Out Tranche Dynamics

How risk-adjusted returns and liquidation priority bifurcate within a unified loan:

⚖️ Payment Blockage & Voting Thresholds

Upon a material covenant default (e.g. leverage exceeding 5.50x), First-Out lenders can trigger a formal payment blockage notice (typically 120–180 days), redirecting 100% of borrower cash flow toward First-Out principal amortization before Last-Out lenders receive interest or yield distributions.

Private Debt Capital Stack Architecture

Debt Facility Tranche Pricing Spread (SOFR + bps) Default Waterfall Priority Voting & Remedies Control
First-Out (FO) Senior TrancheSOFR + 325 - 400 bpsPriority 1 (Super-Senior)Unilateral Enforcement after Blockage
Last-Out (LO) Junior TrancheSOFR + 750 - 900 bpsSubordinated to FO PayoffBuyout Option (Par + Accrued)
Traditional Mezzanine DebtSOFR + 1050+ bpsJunior Lien SubordinationStandstill Agreement (180 Days)

Underwriting Invariants for Credit Committees

Essential covenants when structuring unitranche term loans:

  1. Last-Out Buyout Right: Protect the junior tranche by guaranteeing the right to purchase the First-Out loan at par plus accrued interest within 30 days of acceleration.
  2. Excess Cash Flow (ECF) Sweeps: Mandate quarterly 50–75% ECF sweeps to pay down First-Out principal until total leverage drops below 3.50x.
  3. Springing Financial Covenants: Trigger debt service coverage ratios (minimum 1.25x DSCR) whenever revolving credit utilization exceeds 35%.

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