Debt advisory

Cure right

Understand the contractual action and time available to remedy a specified default or covenant breach.

Quick answer

A cure right permits a defined breach or default to be remedied within stated conditions and time. Financing agreements may provide notice periods, payment cures, equity cures, limits on frequency, deemed EBITDA treatment and exclusions for breaches that cannot be cured.

Use the worked example

Meaning and transaction use

OCC guidance supports prompt identification, monitoring and remediation of deteriorating credit conditions. [S1]

SEC-filed credit terms illustrate agreement-specific leverage thresholds and debt-reduction mechanics. [S2]

Proposed review method: Read the covenant, event of default, notice, grace, equity-cure, waiver and acceleration provisions together.

Worked example

Illustrative calculation only. All figures are hypothetical.

Scroll the table horizontally to view all columns.

MeasureCalculationResult
EBITDA before permitted cureGiven20.0m
Net debtGiven84.0m
Maximum leverageGiven4.00x
EBITDA required84.0 / 4.0021.0m

The hypothetical model indicates 1.0m additional deemed EBITDA; actual cure mechanics depend on the agreement.

Proposed transaction review process

Read documents

Extract definitions, amounts, dates, thresholds and remedies.

Reconcile inputs

Tie financial and legal inputs to source evidence.

Model scenarios

Test base, downside, liquidity and enforcement cases.

Control execution

Record approvals, certificates, notices and monitoring.

Evidence checklist

Facility terms

Agreement, amendments, fee letters and notices.

Financial evidence

Accounts, forecasts, debt schedule and reconciliations.

Security and priority

Guarantees, collateral, filings and intercreditor terms.

Monitoring

Certificates, waivers, defaults, actions and correspondence.

Decision framework

SituationProposed action
Definitions differUse the executed financing agreement.
Evidence is incompleteHold the conclusion and request source records.
Downside failsResize, restructure or decline the exposure.
Terms changeUpdate the model and approval record.

Common errors to check

  • Using accounting labels instead of contractual definitions.
  • Relying on forecasts without reconciled source data.
  • Ignoring downside liquidity and enforcement timing.
  • Failing to update the model after amendments.

Build the cure right decision file

Bring the governing documents, reconciled inputs and decision questions to a structured review. Record assumptions, approvals and follow-up actions.

Discuss the transaction

Primary references and editorial scope

  1. OCC Comptroller Handbook: Loan Portfolio Management
    Official bank-supervision guidance on credit risk, underwriting, structure, monitoring and problem loans. Reference checked 17 September 2026.
  2. SEC filing: leverage and mandatory prepayment terms
    Filed example of leverage covenants and leverage-linked excess-cash-flow prepayment. Reference checked 17 September 2026.
Editorial qualification

General debt-advisory education using public institutional and filed sources. Figures are hypothetical. Executed documents, facts, law and professional advice determine actual rights and outcomes.

General business information. Obtain advice appropriate to the legal, tax, accounting and financing facts. No offer, lender commitment or transaction outcome is represented. All worked examples use expressly assumed figures. Editorial draft date: 17 September 2026.

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