Letter of Credit in lieu of Personal Guaranty

Can someone comment on the general cost structure for a Letter of Credit provided by borrower to lender in lieu of recourse guaranty?

Assuming LOC for $25M and required for the full term of loan (36 months).  Is there an origination fee and then form of interest payment due to the provider of the LOC until it is removed?

 

Based on the highest ranked content on WSO, here are some insights regarding the cost structure for a Letter of Credit (LOC) provided by a borrower to a lender in lieu of a personal guaranty:

  1. Origination Fee:

    • While the context does not provide specific details about origination fees for LOCs, it is common in financial transactions to have an origination fee. For large loans, such as those over $100MM, origination fees typically range from 50 to 150 basis points (bps), with 75-100 bps being most common. For a $25M LOC, the origination fee might be in a similar range, though potentially on the lower end due to the smaller amount.
  2. Interest Payment (LOC Fee):

    • The cost of maintaining an LOC generally includes an annual fee, which is a percentage of the LOC amount. This fee compensates the bank for the risk and administrative costs associated with issuing the LOC. The fee can vary but is often in the range of 1-2% per annum of the LOC amount. For a $25M LOC, this would translate to $250,000 to $500,000 per year.
  3. Term of the Loan:

    • Given that the LOC is required for the full term of the loan (36 months), the borrower would need to pay the annual fee each year for three years. This means the total cost over the term could range from $750,000 to $1,500,000, assuming a 1-2% annual fee.
  4. Additional Costs:

    • There may be other administrative or service fees associated with the LOC, depending on the issuing bank's policies. These could include fees for amendments, renewals, or other services related to the LOC.

In summary, for a $25M LOC required for 36 months, you can expect: - An origination fee potentially in the range of 50-150 bps. - An annual fee of 1-2% of the LOC amount, translating to $250,000 to $500,000 per year. - Total cost over 36 months could range from $750,000 to $1,500,000, plus any additional administrative fees.

If you need more specific details or have further questions, it might be helpful to consult directly with a financial institution or a professional experienced in LOC arrangements.

Sources: Origination Fees on +$100MM Loans, Rational behind a lender choosing a loan term

I'm an AI bot trained on the most helpful WSO content across 17+ years.
 

My second hand experience has been an annual fee of 1% of the amount. If the institution issuing the LOC is a consumer bank, they also tend to have some deposit/escrow requirements. My general experience has been that it’s almost always too prohibitive given cost and deposit requirements, but I haven’t dealt with an LOC of that size.

 

So for example, construction lender requiring 20% recourse or a $20MM LOC on a $100M construction loan for a hotel.

Should developer complete the project, but be unable to repay the full $100MM, then construction lender can look to issuer of LOC to pay up to $20MM to make them whole.  

Issuer of LOC now looks to developer's deposits/collateral pledge to make them whole, or as close to whole as possible.  If deposits/collateral only allow for $15MM, then LOC issuer is out the remaining $5MM.

Is that the gist?

 
egold70

So for example, construction lender requiring 20% recourse or a $20MM LOC on a $100M construction loan for a hotel.

Should developer complete the project, but be unable to repay the full $100MM, then construction lender can look to issuer of LOC to pay up to $20MM to make them whole.  

Issuer of LOC now looks to developer's deposits/collateral pledge to make them whole, or as close to whole as possible.  If deposits/collateral only allow for $15MM, then LOC issuer is out the remaining $5MM.

Is that the gist?

Yes but mostly no in practice. No lender wants a letter of credit especially with hotel or office. 

 

In theory, yes. In practice, the mechanics are a little different but you end up at the same place.... but this is only part 1. The second part is that the borrower then has an unpaid debt to the bank which the bank then demands. In lieu of payment, they'll typically structure it into a new note with terms and other collateral. 

"And where we had thought to be alone we shall be with all the world"
 

If it gets to that point, that's true. But this is why others are commenting that most lenders don't want or won't accept an L/C in lieu of guaranty. While it is in theory a perfectly fungible substitute for a guaranty (actually preferable to a guaranty since it is more liquid if structured correctly); it still creates counterparty risk. If the L/C is multi-year to cover the term of the loan and the applicant doesn't pay the L/C fees, then it gets terminated and the lender is left exposed unless they make payment which creates additional exposure which has no recourse to anyone since the L/C was in lieu of the guaranty itself. With a guaranty, you just tack that extra exposure on and rely on legal remedies to recoup that in the event of default. 

"And where we had thought to be alone we shall be with all the world"
 

LOCs are irrevocable through the termination date. Similar to insurance, they have 30 termination notices if they are for example 2years with (3) 1 year extensions. If a lender receives a termination notice or notice or non-extension, they simply cash the LOC, put funds into a reserve and hold until it is replaced.

The question of why you have an LOC is more important in the question of LOC vs Guaranty. 

LOCs by nature cap the exposure, where as guarantees are typically written as open ended. 

Guaranties also need to be litigated before you can collect. LOCs I just show up to the bank per the instructions in the LOC and get a wire transfer instantly.

 
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Yes, that is a great point. Presumably for that reason, I think I can count on one hand the number of multi-year L/Cs I saw (excepting bond purchase agreement type L/Cs for muni bonds but even those were somewhat rare if only for market reasons [at least right after the GFC, can't speak to the before time]). 

I'm reaching way into memory here, but I recall there actually being a big fubar on a deal I worked on briefly with an L/C that supported a big public/private development whereby a private investor developed a major project and the local municipality provided lots of public investment and heavy tax incentives and they secured some portion of their bond repayment with an L/C triggered if the TIF baseline assumptions weren't met (or something like that). It was extremely aggressive. After the GFC, this project completely failed to meet all its targets and we didn't want to renew the L/C but we knew if we provided notice the muni or bond trustee would call the L/C so there was a lot of brain power spent figuring out a way to try and get out of that exposure without having to fund it since the borrower's had absolutely no cash flow to service the additional funded debt in a way that would have let us keep it on accrual. I don't recall what ended up happening. Crazy times, that was. 

"And where we had thought to be alone we shall be with all the world"
 

I’ve never understood the mechanics of Bank A actually getting the money from Bank B that issued the L/C. It’s not like they can just draw on it, the guarantor has to affirmatively do that and why would they without a fight. 

 

The L/C in such circumstances will allow the beneficiary the right to present a request for draw and the issuing bank is obliged to honor it without question. The issuing bank is not even obligated to verify the veracity or correctness of the underlying circumstances. You simply walk in and say "I am [beneficiary]. Under L/C #12345 please give me $X." And the issuer cuts you a check and then makes a very interesting phone call to the applicant. 

"And where we had thought to be alone we shall be with all the world"
 

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