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Companies have multiple debt agreements, each containing 120-200+ covenant requirements. These include reporting adverse events, third-party claims, liens, asset sales, and collateral. Identifying and summarizing their pre-conditions, exceptions, and post-conditions is mind-numbing. “If the covenant listing is done in Excel, the process quickly descends into Excel Hell,” says Jeff Wallace, DCS Managing Director.
Covenants affect not only Treasury, but also Legal, Tax, Insurance, HR, Controller’s, and the business units. Few teams have access to web tools that allow questionnaire reviews by a broad range of respondents outside of Treasury.
The result is often an inadequate process risks default with missing or misinterpreted covenants. Defaults can incur waiver fees, penalty interest, restatements, SOX citations, going concern doubt – and much worse. Any nonfinancial default is easily preventable and owned by the finance team.
Recognizing companies’ growing need for specialized expertise in developing a comprehensive compliance process, Debt Compliance Services (DCS) steps forward as the leading cloud service provider. DCS assists companies in meeting their covenant obligations, ensuring SOX compliance, and proactively identifying potential covenant issues for senior management and lenders.
By automating and documenting the compliance, DCS’s cloud solutions provide the supporting evidence for the quarterly Officer’s Certificate to the lenders by the CFO attesting that the company complies with all covenants.
The DCS Debt ManagerSM, the company’s flagship service, begins the onboarding process by deconstructing the debt agreements into an integrated cloud platform as web pages, covenant questions, permitted baskets, and calendar items.
DCS’s web questionnaire process is effective because it asks only about relevant covenants and minimizes the risk of inadvertent false compliance by respondents. In a formal winnowing process, covenants involving administrative details, payment defaults, bankruptcy, lender requests, and redemptions are excluded.
Questions cut the legalese by asking respondents to simply report the facts of whether the covenant’s required or prohibited action happened or not, no matter how small. The finance team evaluates the materiality of the facts against their interpretation of the covenant.
DCS calendarizes regularly scheduled payments and document delivery to the actual business day. Tasks are assigned to owners with reminders. The system generates the covering email sending the required documents to the lenders.![]()
Any nonfinancial default is easily preventable and owned by the finance team
The new DCS Covenant ChecklistSM is designed for companies who want an affordable quarterly covenant review they can quickly implement. DCS leverages its 15 years of experience with thousands of debt agreements to identify the covenants all lenders require. Using the robust questionnaire engine of the DCS Debt ManagerSM, the standard questions are customized to the client’s debt agreements.
DCS has numerous client success stories. A utility holding company with $22 billion in debt gave DCS the challenge of automating the compliance and document delivery requirements of over 100 debt agreements for 20 operating entities in seven states. The implementation included writing “global” questionnaires for multiple utilities, minimizing the compliance burden. Both the Treasurer and CFO were pleased because the automation significantly reduced staff compliance time, supporting their objective of maintaining a deliberately lean Treasury.
The Checklist and the Debt Manager incorporate decades of experience in capital markets and treasury combined with cutting-edge web automation. As a trusted advisor, DCS delivers unsurpassed expertise in using its cloud solutions to help its clients effectively and efficiently manage the complicated realm of debt compliance.
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Company
Debt Compliance Services
Management
Jeff Wallace, Managing Director
Description
Debt Compliance Services protects companies from default risk by developing and automating risk-based debt compliance processes in the cloud.