Glossary · Structure

Loan covenant

Also called: covenant, financial covenant, affirmative covenant, negative covenant, loan covenants

Defined by the Research desk, The Lender Report · Sources reviewed

A promise in a loan agreement that the borrower will do certain things, or will not, for as long as the loan is outstanding, such as keeping a minimum debt service coverage ratio.

Covenants let a lender keep watch after the money is out. Affirmative covenants are things the borrower must do, such as send financial statements and keep the property in repair. Negative covenants are limits, such as no added debt or liens without consent. Financial covenants are ratios tested on a schedule.

The OCC’s handbook lists the financial covenants it sees most on income property loans: debt yield, debt service coverage, loan to value, loan to cost, and a minimum net worth or liquidity for the borrower or guarantor. For construction loans it lists limits on speculative units, on unsold inventory, on additional debts, guarantees and liens, and on distributions to owners before repayment. SBA’s manual tells lenders making CAPLines to use balance sheet covenants such as a current ratio, tested quarterly, twice a year or yearly.

A missed covenant is a default under the agreement even when every payment was made on time. The agreement sets what the lender may then do, from waiving the breach to demanding repayment, so negotiate the levels and the testing formula before closing. A coverage covenant of 1.20 means little until you know which income and which payment go into it.

How it shows up in the data here

Not shown on this site. Covenants live in the loan agreement, and no call report, credit union filing, HMDA row or SBA record lists them. You can prepare for the common ones: test coverage with the DSCR calculator and loan to value with the LTV and LTC calculator, then ask each lender which ratios it tests after closing and how often.

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Related terms

Sources

  1. OCC Comptroller's Handbook, Commercial Real Estate Lending, Version 2.0 (Covenants, p. 24 (construction and development) and p. 41 (income-producing)), published .
  2. SBA SOP 50 10 8.1, Section B, Chapter 4 (CAPLines, financial covenants), effective .

Plain definitions for orientation, not legal, tax or credit advice. A lender's own policy decides what it will do.