Does Checkersrallys have the option to pay interest in kind on the New Money Loans?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
y of Burger BossCo was issued to Checkers Topco,
(Tabular Dollars in Thousands, Except Share and per Share Data)
LLC ("Topco"), the secured creditors of Holdings and Burger BossCo acquired all of the equity of Topco, and the equity of Burger BossCo owned by BossCo Holdings was repurchased by Burger BossCo for a nominal amount.
As part of the Out-of-Court Restructuring, each First Lien Lender was provided with the right to elect to provide up to its pro rata share of commitments to make $25 million in "First-Out Delayed Draw Term Loans" ("New Money Loans") under that certain Credit Agreement, dated as of June 16, 2023 (as amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement" and such commitments, the "New Money Commitments"), by and among Holdings, CDI, Burger BossCo, the persons party thereto from time to time as "Lenders" thereunder, and Jefferies Finance LLC, as the administrative agent and the collateral agent for such Lenders. The New Money Loans accrue interest at a floating rate, which can be, at the Company's option, (x) an alternative base rate plus 6.00% per annum or (y) the Adjusted Term Secured Overnight Financing Rate plus 7.00% per annum plus a credit adjustment spread. The Company has the option to pay interest on the New Money Loans that has accrued at a rate equal to 4.00% per annum in kind, rather than in cash. The New Money Loans mature on June 16, 2027. Additionally, the Company is required to make recurring quarterly principal payments on the New Money Loans in the amount equivalent to 0.25% of the original principal amount which may increase upon additional borrowings. 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 anniversar
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 91)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, the company has the option to pay interest in kind on the New Money Loans. The New Money Loans accrue interest at a floating rate, which Checkersrallys can determine as either an alternative base rate plus 6.00% per annum or the Adjusted Term Secured Overnight Financing Rate plus 7.00% per annum, plus a credit adjustment spread. Checkersrallys has the option to pay interest on the New Money Loans that has accrued at a rate equal to 4.00% per annum in kind, rather than in cash. The New Money Loans mature on June 16, 2027.
Additionally, Checkersrallys is required to make recurring quarterly principal payments on the New Money Loans in the amount equivalent to 0.25% of the original principal amount, which may increase upon additional borrowings. The remainder of the principal amount is due upon maturity.
Upon each principal repayment, Checkersrallys 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) 7% on or after the first anniversary, but prior to the second anniversary, (iii) 5% on or after the second anniversary, but prior to the third anniversary, and (iv) 3% on or after the third anniversary.