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Basket meaning

What does Basket mean?
Basket describes a quantified carve‑out in negative undertakings (negative covenants) in loan or bond documentation (commonly LMA‑based facilities agreements) that permits the borrower group to do something otherwise restricted—such as incur financial indebtedness, grant security, make acquisitions or investments, dispose of assets, or make restricted payments—up to a specified limit. It is a market term, not defined by legislation or case law, and its usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. A hard cap basket sets a fixed monetary or percentage limit for a period or the life of the facilities. A soft cap basket varies by reference to a metric (typically ebitda, total assets or leverage), allowing capacity to grow with business performance. Key drafting points include: whether the basket is annual, per transaction or life‑of‑loan; whether it is cumulative or resets; carry‑forward of unused capacity; netting/aggregation rules; and whether baskets can be combined. Basket usage often depends on conditions such as no Event of Default, pro forma compliance with financial covenants, and use‑of‑proceeds restrictions. Baskets may operate alongside ratio‑based permissions and can be general or purpose‑specific (for example, permitted indebtedness, security, acquisition or restricted payment baskets). Negotiation focuses on quantum, grower formulation and exclusions.
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View the related Practice Notes about Basket

PRACTICE NOTES
European Commission merger control: Mars/Kellanova (M.11753) unconditionally cleared after Phase II; no increased retailer bargaining power or basket effect

CASE HUB ARCHIVED This archived case hub captures the position as at the decision of 8 December 2025; it is no longer being updated. See the timeline for further details. Case facts Outline European Commission merger review of Mars, Incorporated’s proposed acquisition of Kellanova (M.11753). The deal features horizontal overlaps in the supply of food products. Latest developments On 8 December 2025, the Commission granted unconditional clearance. While Mars, Incorporated and Kellanova possess market power and could, in theory, link categories in negotiations, the evidence did not indicate that the merger would bolster Mars, Incorporated’s bargaining power vis-à-vis retailers. Shoppers were unlikely to change supermarkets due to the parties’ products being unavailable, and no ‘basket effect’ was proven. Parties Mars, Incorporated (Mars): Headquartered in the US. A worldwide supplier of confectionery, food products, pet food and animal care services. Its portfolio includes chocolate countlines (e.g. Twix, Mars, Snickers); chocolate pouches (e.g. M&M's); sugar confectionery (e.g. Skittles); chewing gum (e.g. Airwaves,...

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PRACTICE NOTES
UK Equity Derivatives: Instruments, Uses, Structured Products, ISDA Documentation and Regulation

What is an equity derivative? Equity derivatives are contracts struck between two parties, or bought on an exchange, whose value arises from a company’s share price, a basket of shares, or a share index. They provide varied applications, giving investors flexible, cost‑effective access to movements in shares and equity markets that cannot be achieved through direct investment in the asset class. Traded over‑the‑counter (OTC) or on exchange Include numerous structured equity products May be funded or unfunded Used mainly by funds and investors for speculation, and by end‑users and banks as commercial hedges Other uses also exist... Why use equity derivatives? They enable investors to gain the benefits of equity exposure without paying an upfront purchase price, stamp duty, and other taxes. Buying a derivative is typically cheaper than purchasing shares directly. Options, for example, require only a premium to be paid in advance to secure the right to buy or sell shares, and similarly other derivatives may...

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PRACTICE NOTES
Acquisition and Leveraged Finance: Practitioner’s A–Z of Terms, Covenants, Structures and Jargon

This glossary sets out many of the expressions commonly used in the leveraged finance market. Words appearing in the definitions in bold are defined elsewhere in this glossary. For further banking terminology, please refer to the main Banking & Finance Glossary... Acquisition finance glossary—A Acceleration Acceleration is the formal action taken by the agent, on the instructions of the majority lenders, following an event of default, such as making a demand for early repayment of the loan. See Practice Note: Accelerating a loan for more information... Accordion feature/accordion facility An accordion, also called an incremental debt feature, is a mechanism in the facilities agreement that, provided specified conditions are satisfied (for example, pro forma compliance with a leverage test), permits those lenders under the facilities agreement who wish to do so to advance additional debt. The terms for that extra debt are typically captured in an increase notice. This accordion or incremental debt flexibility is different from structural adjustment, which usually requires the majority consent...

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