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The lending bank may impose restrictions on the company’s right to dispose of assets, even if these are not explicitly pledged as collateral. The objective of this covenant is to prevent the company from disposing of its highest quality assets at a discount to their underlying value. Interest cover. The bank may require the company to maintain a minimum specified level of operating cashflow to interest payments.
In the event of any of these covenants being broken the bank has the right to force the company to take corrective action or risk the bank calling in the loan. If the company cannot repay the loan promptly the bank may take legal action against the borrower and act to foreclose on the pledged collateral.
Most legal agreements between banks and counterparties also include a “force majeure” clause. This is a clause that the bank can invoke in the event of a change in the regulatory environment or a specified external event beyond their control. Legal and regulatory changes, the imposition of capital controls or the outbreak of war are examples of the sort of events that would allow a bank to invoke this clause. The clause absolves the bank of responsibility for any losses or other adverse effects experienced by the customer.