|
|
Absolutely Triple Net Bondable: Lessee pays all costs associated with operation of property. |
|
|
|
|
|
|
|
Acceptance of Lease/Loan: To
accept the terms and conditions of and to enter into a transaction. |
|
|
|
|
|
|
|
Account Executive (AE): Representative
to contact when looking for a lease/loan. |
|
|
|
|
|
|
|
Account
Manager (AM): Representative to contact when
looking for a lease/loan in Canada. |
|
|
|
|
|
|
|
Accrued Interest: The amount of
interest that has accumulated since the last loan payment. It is the
amount of interest that the financial institution is entitled to, but is
not due until the payment date. |
|
|
|
|
|
|
|
ACH: Automated Clearing House. Automatic draw or draft made
from a checking/depository account on a specified date each month. |
|
|
|
|
|
|
|
Acquisition: One business entity taking over controlling interest in
another. Also, franchisees taking over operation of an existing store(s). |
|
|
|
|
|
|
|
Advances: Disbursements of loan funds based on appraised value,
purchase price, or cost to construct real property. |
|
|
|
|
|
|
|
Amortization: The repayment of a loan by periodic payments of principal
and interest. |
|
|
|
|
|
|
|
Application Document to be completed by the borrower that provides
detailed information on the borrowing entity, the person(s) controlling
the operation, the amount of the loan the borrower desires and the
description of collateral. See also, Credit Application.
|
|
|
|
|
|
|
|
Appraisal: Professional opinion or estimate of the value of property,
in most states by licensed appraisers. |
|
|
|
|
|
|
|
Assets: Owned real or personal property that can be used for
payment of debt. |
|
|
|
|
|
|
|
Balance
Sheet: Financial statement that gives
an accounting picture of property owned by a company and of claims
against the property on a given date. |
|
|
|
|
|
|
|
Balloon
Payment: A final payment due at the end of
a loan. The larger payment is the result of a loan being amortized over a
period longer than the actual term of the loan. |
|
|
|
|
|
|
|
Bankruptcy: An individual or organization unable to meet debt
obligations petitions a federal district court for reorganization of
debts or liquidation of assets or similar proceedings, or an involuntary
petition is filed by creditors of the individual or organization. |
|
|
|
|
|
|
|
Basis Point: Refers to one hundredth (0.01) of a full percentage point
in yield. Example: An interest rate of 5 percent is 500 basis points.
4.50% is 50 basis points less than 5.00%. |
|
|
|
|
|
|
|
Bid Letter: The initial letter sent to the borrower specifying the terms
of the transaction. The bid letter is subject to credit review and
approval. |
|
|
|
|
|
|
|
Blended
Rate: The average of two loans with
different rates. Example: When financing equipment and real estate with a
single loan, the rate of each product is combined. The final rate of the
equipment loan is likely to be higher than it would be if financed
separately, however, the rate for the real estate loan is likely to be
lower than it would be if financed by itself. |
|
|
|
|
|
|
|
Blended
Term:The average of two loans with
different terms. Example: When financing equipment and real estate with a
single loan, the terms of each product are combined. The final term of
the equipment loan is likely to be longer than it would be if financed
separately, however, the term of the real estate loan is likely to be
shorter than it would be if financed by itself. |
|
|
|
|
|
|
|
Borrower: Legal entity, person or business that acquires debt
financing from a money source. |
|
|
|
|
|
|
|
Business
Plan: A comprehensive planning
document which describes a business' development objectives and how and
where the resources needed to accomplish the objectives will be obtained
and utilized. |
|
|
|
|
|
|
|
Business Tax Return: Business tax
forms submitted to the Internal Revenue Service to report a company's annual taxable income.
|
|
|
|
|
|
|
|
Buy-Sell Agreement: A legal
document between a buyer and seller detailing the specifics for the
selling of a business. |
|
|
|
|
|
|
|
Certificate of Occupancy (CO): Document issued by local government agency signifying that
a building conforms to local code regulations and is in a condition to be
occupied. |
|
|
|
|
|
|
|
Collateral: Assets used as security for a lease/loan. |
|
|
|
|
|
|
|
Commercial
Paper: A short-term note (normally 30
to 270 days) issued by corporations with good credit ratings. Rates can
be found in financial sections of newspapers like the Wall Street
Journal and on websites. |
|
|
|
|
|
|
|
Commercial Real Estate:
Property intended for use by retail, wholesale, office, hotel, service
users, manufacturing or other industrial purposes - not residential property.
|
|
|
|
|
|
|
|
Commitment Letter: A letter sent
to the borrower stating the final terms & conditions of the
lease/loan approval. |
|
|
|
|
|
|
|
Compounding Period: The period of
time for which interest is computed. |
|
|
|
|
|
|
|
Consolidated Financial Statements: Statements that report the combined operating results,
financial position, and cash flows of two or more legally separate but
affiliated companies as if they were one economic entity. |
|
|
|
|
|
|
|
Corporation:
A fictitious legal entity/person which has rights and
duties independent of the rights and duties of real persons and which is
legally authorized to act in its own name through duly appointed
officers. It is owned by shareholders. Usually created under the
authority of state law. |
|
|
|
|
|
|
|
Covenants: Formal conditions or promises that are written into
transaction agreements. See also, Special Conditions.
|
|
|
|
|
|
|
|
Credit
Analyst: An underwriter who reviews credit
requests. |
|
|
|
|
|
|
|
Credit Application: Initial
document to be completed by the borrower that provides detailed
information on the borrowing entity and the person(s) controlling the
operation. |
|
|
|
|
|
|
|
Credit
Bureau: A reporting agency that
assembles credit histories on individual or business entities. |
|
|
|
|
|
|
|
Credit Bureau Report: A report
showing what a person has borrowed on credit and the payment history to
the creditor. This report also shows liens, collection accounts and past
bankruptcies. |
|
|
|
|
|
|
|
Credit
History: A historic record of how debt
has been repaid. |
|
|
|
|
|
|
|
Credit
Tenant: A tenant in the mortgaged
property that meets the following criteria: revenues of $25,000,000, net
worth of $5,000,000, and must meet real estate credit underwriting
guidelines. |
|
|
|
|
|
|
|
Credit Worthiness: A measure of
an individual's or company's past and future ability and willingness to
repay debts. |
|
|
|
|
|
|
|
Debt Consolidation: The combining
of debt from different financial institutions or products into one loan. |
|
|
|
|
|
|
|
Debt Service Coverage: Cash
required in a given period for payment of interest and current principal. |
|
|
|
|
|
|
|
Default: Failure to carry out the terms of a contract. |
|
|
|
|
|
|
|
Delinquency: Failure to make a payment on the payment due date. |
|
|
|
|
|
|
|
Demand
Feature: A provision allowing for the
financial institution to demand the balance to be paid-in-full within a
specific time period due to the default of the contract. |
|
|
|
|
|
|
|
Demographics:
Macro-economic information around a business;
population, income, major traffic generators, etc. See also, economic demand
generator.
|
|
|
|
|
|
|
|
Deposit: Money submitted with the loan application showing the
intention to enter into a loan contract. See also, Documentation Fee.
|
|
|
|
|
|
|
|
Developer: One who prepares raw land for construction and sells lots
to a builder. In some cases, the developer retains the title. |
|
|
|
|
|
|
|
Documentation Fee: A fee charged
to a borrower for documentation and various filing fees. The fee may be
either a flat fee or a percentage. |
|
|
|
|
|
|
|
Documentation Specialist: Individual
who coordinates the documentation and funding of a lease or loan. |
|
|
|
|
|
|
|
EBITDA: Earnings before interest, taxes, depreciation and
amortization. EBITDA is a measure of the cash flow available to make debt
payments. |
|
|
|
|
|
|
|
Economic Demand Generator: Sources of business income, primarily from customers. See
also, Demographics.
|
|
|
|
|
|
|
|
Environmental Indemnity: Protection
against loss and liability as a result of litigation or other proceedings
related to damage to air, water, wildlife and other natural surroundings. |
|
|
|
|
|
|
|
Environmental Site Assessment: Planning document that assesses the environmental impact
created by a proposed business. |
|
|
|
|
|
|
|
Equipment: New or used personal property. See also, FF&E.
|
|
|
|
|
|
|
|
Fair
Market Value: Price at which an asset or
service is sold by seller to buyer, assuming both have reasonable
knowledge of relevant market facts. |
|
|
|
|
|
|
|
Fees: Fees charged based on a percentage of the transaction
amount. See also, Documentation Fee.
|
|
|
|
|
|
|
|
Fee Simple Ownership: Absolute
legal ownership. |
|
|
|
|
|
|
|
Furniture,
Fixtures & Equipment(FF&E:) Fixtures
comprise personal property attached to real estate property so that it
cannot be removed without damage. Furniture & Equipment is not so
attached, and can be moved. See also, Equipment.
|
|
|
|
|
|
|
|
Financial
Statements (F/S): Consists of two parts, a
balance sheet and a profit & loss (P&L, or income) statement.
á
A balance sheet states how
much a business is worth (Assets - Liabilities = Equity or Net Worth).
á
A P&L statement shows
how much a business makes (Sales - Costs = Profits or Income). |
|
|
|
|
|
|
|
First Deed of Trust: Instrument used
to create a lien on real estate property in which the borrower conveys
title to a trustee, who holds it as security for the benefit of the
lender. In some states, a mortgage will be used in lieu of a First Deed
of Trust. |
|
|
|
|
|
|
|
Fixed Rate: Predetermined, nonadjusting rate of interest applied to the
principal balance of a loan. |
|
|
|
|
|
|
|
Floating
Rate: Variable interest rate with
adjustments made periodically and tied to some interest rate benchmark
such as Commercial
Paper or Canadian Banker's Acceptances in Canada. See also, Variable Rate.
|
|
|
|
|
|
|
|
Ground
Lease: A lease of vacant land or land
exclusive of any building on it. Usually a net lease. |
|
|
|
|
|
|
|
Historical Financial Statement: Balance sheets and income statements showing the operations
of the business for a period of years. |
|
|
|
|
|
|
|
Improvements:
Enhancements made to land or building with the intent
to increase the visual appeal and value of the property. |
|
|
|
|
|
|
|
Income
Statement: P&L (profit & loss)
statement showing how much profit a business makes during its operation
cycle. Sales - Costs = Income. See also, Financial Statements.
|
|
|
|
|
|
|
|
Interest
Rate: Cost of financing, expressed as a
percentage rate per period of time. |
|
|
|
|
|
|
|
Landlord Subordination (Waiver): A document signed by a landlord which waives the landlord's
rights to collateral or leased equipment. |
|
|
|
|
|
|
|
Late Fee: A fee charged when a payment is not received on the payment
due date. Usually a flat fee but also may be a percentage. |
|
|
|
|
|
|
|
Lease
Agreement: A document entered into between a
landlord (lessor) and a tenant (lessee) giving the lessee exclusive right
to use its property or equipment for a specified period of time in return
for periodic payments. |
|
|
|
|
|
|
|
LIBOR (London
Interbank Offered Rate): Rate that the
most creditworthy international banks dealing in Eurodollars charge each
other for loans. |
|
|
|
|
|
|
|
Limited Liability Company (LLC): A limited liability company is a business structure best
described as a hybrid between a partnership and a corporation - a "pass through" of all profits and losses to the
owners without taxation of the entity itself, as in a partnership, and a
shield from personal liability, as in a corporation.
|
|
|
|
|
|
|
|
Line-of-Credit
(LOC): A loan that may be borrowed
against and paid down during its term. These loans usually have a
covenant/special condition attached stating that the loan must have a
zero balance for a specified period of time. |
|
|
|
|
|
|
|
Loan: Transaction wherein a lender provides funds to a borrower on
the condition that the funds are paid back over time with interest. |
|
|
|
|
|
|
|
Loan Amount: Dollar amount funded to a borrower to purchase items to be
used in the course of business or to finance equipment owned by the
borrower. |
|
|
|
|
|
|
|
Loan
Application: Document to be completed by the
borrower that provides detailed information on the borrowing entity, the
person(s) controlling the operation, the amount of the loan the borrower
desires and the description of collateral the borrower wants to secure
the loan with. See also, Credit Application.
|
|
|
|
|
|
|
|
Loan
Closing: Date on which loan funds are
actually disbursed. |
|
|
|
|
|
|
|
Loan-to-Value:
The difference between the actual loan amount funded
to the borrower and the value of collateral received as security for the
loan. |
|
|
|
|
|
|
|
MAI
Appraisal: An appraisal prepared by a
general appraiser certified by the Appraisal Institute. |
|
|
|
|
|
|
|
Market Analysis Data: Demographic
data about the local market environment. |
|
|
|
|
|
|
|
Mortgage: Debt instrument by which the borrower gives the lender a
lien on real property as security for the repayment of a loan. |
|
|
|
|
|
|
|
Net Cash Flow: An accounting presentation showing how much of the cash
generated by the business remains after expenses - including interest - and principal repayment on financing are repaid.
|
|
|
|
|
|
|
|
Orderly Liquidation Value: Value
that equipment would yield at an arm's length auction or liquidation
sale. |
|
|
|
|
|
|
|
Owner-Occupied: Property occupied by the borrower. |
|
|
|
|
|
|
|
Partners: Individuals in a legal relationship for the purpose of
conducting a business enterprise. See also, Partnership.
|
|
|
|
|
|
|
|
Partnership: A partnership is one of two categories: general and limited.
á
A general partnership is an
association of at least two or more persons who co-own a business.
Partnerships are formed when two or more persons agree to share
ownership, management, profits, and liabilities of a business venture.
á
A limited partnership is a
partnership where only general partners may run the business, while
limited partners cannot perform any management functions. However,
limited partners may contribute capital, share in the profits, and are
limited from liability. All limited partnerships must have at least one
general partner, who remains personally liable for all debts and
liabilities of the partnership, and any number of limited partners. |
|
|
|
|
|
|
|
Payment
Schedule: Timetable of payments. |
|
|
|
|
|
|
|
Perfected First Security Interest: Status ascribed to security interests after certain
events, such as filings and taking possession of collateral, have
occurred, whereunder there are no other liens or encumbrances prior in
right. |
|
|
|
|
|
|
|
Personal Financial Statement (PFS): Balance sheet showing personal assets and liabilities. A
personal financial statement shows how much net worth one has, while a
tax return shows how much income one makes. |
|
|
|
|
|
|
|
Personal Guaranty: A pledge made
by the operator or owner of a business which obligates the operator or
owner to personally repay some or all of the debt of a business should
the business default on its payment obligations. |
|
|
|
|
|
|
|
Prepayment Penalty: A fee charged
for early payment of a transaction balance as compensation for income
lost as a result of such prepayment. |
|
|
|
|
|
|
|
Principal Balance: Remaining loan
amount from which interest is calculated. |
|
|
|
|
|
|
|
Proforma Financial Statement: A business owner's forward looking outlook on a company's operations. See also, Projections.
|
|
|
|
|
|
|
|
Projections:
A forward looking view of a company's operations. See
also, Proforma. |
|
|
|
|
|
|
|
Proposal: The initial paperwork sent to the borrower from the Account
Executive spelling out the structure of the transaction, terms and
conditions. See also, Bid Letter.
|
|
|
|
|
|
|
|
Purpose: Borrower's intended use of funds and the business reason
for the transaction. |
|
|
|
|
|
|
|
Real
Property: Land and what is erected, growing
or affixed to it. Also, minerals and waters beneath the surface of the
soil. |
|
|
|
|
|
|
|
Refinancing:
Paying off one loan with the proceeds from
another. |
|
|
|
|
|
|
|
Repayment: The pay back of a loan. |
|
|
|
|
|
|
|
Resume: A brief summary of an individual's work history, including
name, address, contact information, as well as an outline of work
experience. |
|
|
|
|
|
|
|
Revolver: See Line-of-Credit.
|
|
|
|
|
|
|
|
Security: Collateral or other items used to secure a transaction
through a financial institution. |
|
|
|
|
|
|
|
Shareholder:
Owner of one or more shares of a corporation. |
|
|
|
|
|
|
|
Sole
Proprietor: A business that is owned by one
person. All income and losses generated by the business are treated as
personal and will be filed along with the proprietor's regular tax
returns. |
|
|
|
|
|
|
|
Special Conditions: Formal
conditions or clauses that are written into a transaction agreement. See
also Covenants.
|
|
|
|
|
|
|
|
Spread: Difference between cost of funds and lending rate. |
|
|
|
|
|
|
|
Start Date: The activation date of the contract. |
|
|
|
|
|
|
|
Survey: Measurement of the boundaries of a parcel of land, its area
and sometimes its topography. |
|
|
|
|
|
|
|
Tenant: A holder of property under a lease or other rental
agreement. |
|
|
|
|
|
|
|
Term: Period of time during which the conditions of a transaction
will be carried out. |
|
|
|
|
|
|
|
Term Loan: A loan that must be repaid within a specific timeframe. |
|
|
|
|
|
|
|
Terminal Rental
Adjustment Lease (TRAC Lease): A tax-oriented
lease of motor vehicles or trailers that contains a clause for rent
adjustment at the end of the lease. |
|
|
|
|
|
|
|
Third Party Soft Costs: Various
costs incurred during the construction phase of a project, however, not
associated with the physical construction of the project such as surveys
or site plans. |
|
|
|
|
|
|
|
Title: Evidence of right to possession of land. |
|
|
|
|
|
|
|
Title
Policy: Insurance against loss resulting
from defects in title to a specifically described parcel of real
property. |
|
|
|
|
|
|
|
Treasuries: Debt instruments issued by the U. S. Department of the
Treasury. |
|
|
|
|
|
|
|
True Lease: A tax-oriented lease which complies with all IRS guidelines
for a true lease. |
|
|
|
|
|
|
|
Turnkey Financing: Financing for
the sale of a business which is structured so that the new owner need
only "turn the key" in order to commence business. |
|
|
|
|
|
|
|
Underwriting:
The action of a credit analyst looking at the
information submitted by a borrower and making a credit decision. |
|
|
|
|
|
|
|
Uniform Commercial Code (UCC): A code (laws) which regulates commercial transactions. This
code replaced the various state statutes covering chattel mortgages,
conditional sales, trust receipts, etc. |
|
|
|
|
|
|
|
Variable
Rate: A transaction with an interest
rate that may fluctuate. The rate is often tied to an index that reflects
changes in market rates of interest. A fluctuation in the rate causes
changes in the payment amount. Limits (cap rate) are placed on the degree
to which the interest rate can increase. See also, Floating Rate.
|
|
|
|
|
|
|
|
Warranty
Deed: A deed that warrants that the
grantor has title as claimed. It purports to convey property free and
clear of all encumbrances, except those noted. |
|
|
|
|
|
|
|
Working
Capital: Cash available for daily business
operations. Current assets - current liabilities = working capital. |
|
|
|
|
|
|
|
Working Capital Loan: See Line-of-Credit
and Revolver. |
|
|
|
|
|