Finance Under Option

The borrower in this case first came to Semper in difficulty with a tough lender who had placed the borrowers’ and guarantors’ businesses under Administration and was preparing to liquidate the securities.

Separately, the borrower had negotiated (but not signed) a Call Option to sell a large landbank to a developer at a multiple of value, but the bank was not interested in negotiating. The Option, along with the borrower’s rising ATO debt and credit history, precluded them from refinancing with another bank.

Semper was able to quickly refinance the bank, settling a 12-month interest only bridging loan. This reduced the borrower’s overheads and cleared their tax debts. 

So as not to delay settlement, Semper had agreed to consider the Option post-settlement. The developer had some onerous terms to begin with: they wanted to be protected by a Deed of Priority, Step-in Rights in the event of default, and were even insisting on a second mortgage to secure their position.

Working with our lawyers, Semper reviewed the proposed Option and Deed. Acting commercially, Semper was able to negotiate reasonable amendments, providing security and comfort to borrower, developer, and lender.

The DA continues to progress, meanwhile the borrower is selling down assets with a goal to reduce their debt levels back to bank serviceability.

For all out-of-the-box loan enquiries, call Semper.