Field guide 01Distressed private finance5 min read
The clock is running. Is the deal still financeable?
A lender wants out. The ATO is pressing. A build has stalled. Private capital can help only if the new deal survives the old obligations.
- Establishment fee
- $100,000
- Retained interest
- $300,000
- Transaction costs
- $25,000
- Existing-debt payout
- $4,000,000
- Usable proceeds
- $575,000
01
Name the clock.
“Urgent” tells us almost nothing. Is the deadline a loan maturity, an ATO demand, a director penalty notice, a notice to complete, a stopped construction drawdown or an appointment of a receiver? Each changes what can still be done, who must agree and what documents matter. Send the actual notice and the date; a description from memory is not enough.
A director penalty notice needs immediate tax and legal attention, not a promise that a loan will make it disappear. The ATO explains director-penalty exposure. A receiver changes control over secured assets; ASIC explains receivership. Capital may be part of a response, but it cannot replace the advisers or the process.
Sometimes the honest answer is that funding cannot land before the event. Finding that out while there are still choices is more valuable than spending the last days chasing an indicative term sheet.
02
Pass the settlement test.
A borrower needs money for a reason: discharge the old lender, finish the build, pay a creditor, settle a purchase or keep a viable business trading. The face value of a new loan is not the amount available for that job. Existing debt, fees, retained interest and transaction costs get there first.
In the illustration above, a $5 million facility leaves $575,000 after a $4 million payout and the assumed deductions. If the actual cash requirement is $900,000, the structure is still $325,000 short. That is not a pricing quibble. It is a failed transaction unless another source fills the gap or the requirement changes.
The numbers are deliberately hypothetical, not an available Sasines offer. The workbook shows every assumption. For a real deal, obtain a current payout figure and written terms; do not count an indicative facility as committed money.
03
What a family office needs to see.
Sasines works with family-office clients on debt refinancing and special situations. That access is a route to a conversation with a relevant capital party, not a standing credit line or a blanket promise to fund distress. The family decides whether a particular transaction fits and on what terms.
A useful approach is not “we need $5 million tomorrow.” It is: here is the asset or business; here is the debt and its priority; here is the dated cash requirement; here is the money left after settlement; here is the control position; and here is a credible route to repayment or investment return.
Some situations require debt. Others may call for new equity, an asset sale or a negotiated restructure. If the underlying business cannot carry the new obligations, a more flexible lender does not change that fact. The point of private capital is room to examine the actual transaction—not permission to ignore its economics.
04
Where a rescue fails.
There may be enough property value on paper and still not enough usable equity after senior debt, enforcement costs and the new facility's own charges. A construction project may have a plausible end value but no defensible cost-to-complete. A refinance may clear today's creditor and leave next month's wages, tax or interest unfunded.
The proposed exit is often the weakest line. “We will refinance with a bank” is not an exit unless the business, security and timing support that move. “We will sell” needs a realistic value, sale period and control over the asset. If a receiver has been appointed, authority cannot be assumed from the borrower's wishes.
Costs need daylight too. ASIC has raised concerns about opaque fees and terminology in private credit. Ask what is paid at settlement, what accrues later, who receives each fee and how the lender calculates the amount due at exit.
05
Send the deal, not the adjectives.
“Strong asset, urgent, great opportunity” is not enough for a family to make a decision. A concise first email can be far more useful than a polished deck if it answers the questions below.
- 01
The exact event and deadline. Attach the notice, maturity letter or contract.
- 02
The borrower, owners and who now controls the asset or company.
- 03
Security details, existing lenders, priority and the latest payout statement.
- 04
The cash required at settlement and what each dollar will do.
- 05
The credible exit, its date and the evidence supporting it.
A direct conversation
Tell Harrison what is happening.
Send the facts you have, and say plainly what is still unknown. Sasines can assess whether a relevant family-office conversation is worth pursuing and what would need to be established first.
Email Harrison No funding or timing is promised. If a legal, tax or insolvency deadline is running, speak to the appropriate adviser immediately.End of field guide 01. General information only; not financial, credit, tax or legal advice. The family-office discussion and any terms depend on the actual transaction.