What are the two options Checkers has for determining the floating interest rate on the Out Loans?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
Out Loans accrue interest at a floating rate, which can be, at the Company's option, (x) an alternative base rate plus 8.00% per annum or (y) the Adjusted Term Secured Overnight Financing Rate plus 9.00% per annum plus a credit adjustment spread. The Company has the option to pay interest on the Second Out Loans that has accrued at a rate equal to 6.00% per annum in kind, rather than in cash. The Second Out Loans mature on June 16, 2028. Additionally, the Company is required to make recurring quarterly principal payments on the Second Out Loans in the amount equivalent to 0.25% of the original principal amount. The remainder of the principal amount is due upon maturity. Upon each principal repayment, the Company is required to pay a contractual premium, equal to (i) prior to the first anniversary, a make-whole provision calculated as a discounted amount of remaining interest payments prior to the first anniversary (ii) 8% on or after the first anniversary, but prior to the second anniversary, (iii) 7% on or after the second anniversary, but prior to the third anniversary, and (iv) 5% on or after the third anniversary, and (v) 3% on or after the fourth anniversary.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 91)
What This Means (2025 FDD)
According to Checkers's 2025 Franchise Disclosure Document, the Out Loans accrue interest at a floating rate, which Checkers can determine at its option.
Checkers has two options for setting the floating interest rate: either an alternative base rate plus 8.00% per annum, or the Adjusted Term Secured Overnight Financing Rate plus 9.00% per annum plus a credit adjustment spread.
Additionally, Checkers has the option to pay interest on the Second Out Loans that has accrued at a rate equal to 6.00% per annum in kind, rather than in cash. The Second Out Loans mature on June 16, 2028. Checkers is also required to make recurring quarterly principal payments on the Second Out Loans in the amount equivalent to 0.25% of the original principal amount, with the remainder of the principal amount due upon maturity. Upon each principal repayment, Checkers is required to pay a contractual premium.