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<p>Except in respect of a residential development facilities, a CLBILS facility must
at all times during its life, rank on at least a pari passu basis with the most senior
obligations (including secured and/or super-senior obligations, if any) of the Borrower.
This includes from all collateral taken by any lender from the borrower unless the
borrower is a financing vehicle, whereby this will include any collateral from any
member of its Group.</p><p> </p><p>There are certain carveouts from this requirement
including collateral:</p><ul><li>with an aggregate value not greater than 10% of the
value (determined by the lender in accordance with its lending policies) of all relevant
collateral, and</li><li>relating to asset and invoice finance facilities entered into
in the ordinary course of business where the proceeds of such collateral would not
be available to facilities other than such asset or invoice finance facility and where
the lending policies and procedures would not require it to take security over such
collateral.</li></ul><p> </p><p>This approach ensures that taxpayer interests are
suitably protected when providing government guarantees for facilities of up to £200
million to mid-cap and large businesses which tend to have more complex capital structures.</p><p>
</p><p>The CLBILS is designed to provide temporary assistance to businesses that are
suffering disruption to their cashflow due to lost or deferred revenues during the
Covid-19 outbreak. In this situation, existing lenders to a business will need to
be willing to accept a temporary dilution to their own seniority reflecting this generous
assistance from the Government.</p>
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