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Cash leakage meaning

What does Cash leakage mean?
Cash leakage describes cash leaving the borrower/obligor group that would otherwise be available for working capital, debt service or reinvestment. In leveraged finance it is a descriptive market term (not defined by legislation or case law) used in LMA‑style facilities agreements and security packages. Because leveraged acquisitions are typically underwritten on cashflow rather than asset value, preserving cash within the restricted group is a core credit protection. Facilities agreements therefore seek to restrict cash leakage through “restricted payments” and related covenants, commonly limiting: dividends and distributions; share buy-backs and redemptions; returns of capital; payments to shareholders or affiliates (such as management/advisory fees); upstream or cross‑group loans; prepayments of junior/PIK debt; and asset transfers that externalise value. Controls often sit alongside mandatory prepayment and excess cashflow sweep mechanics, distribution tests tied to financial covenants, and restrictions on permitted acquisitions, debt and liens. Negotiated carve‑outs typically include “permitted payments” (for taxes, employee remuneration, transaction fees, and ordinary course dealings), de minimis thresholds and builder baskets linked to EBITDA or retained excess cashflow. Usage and legal effect are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland; enforceability turns on the contract terms and applicable company law rules on distributions and financial assistance.
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NEWS
EU law weekly update—8 January 2026: 2026 legislative priorities; competition and State aid; GDPR UK adequacy; financial services; energy; environment; IP; life sciences; DSA and TMT

In this issue: EU fundamentals Competition and state aid Commercial Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment IP Life sciences Regulatory TMT Daily and weekly news alerts New and updated content Trackers EU fundamentals EU institutions sign Joint Declaration on legislative priorities for 2026 The Presidents of the European Parliament, the Council of the EU and the European Commission have put their signatures to a Joint Declaration that defines the Union’s law‑making priorities for 2026. It sets out ten headline themes, spanning actions to enhance competitiveness and resilience, drive regulatory simplification, bolster defence and security, protect democratic processes, manage migration, and push forward talks on the forthcoming Multiannual Financial Framework. The institutions agree to give these files precedence throughout 2026 and to review progress routinely, with a focus on spotting at an early stage any obstacles that could slow delivery. The package...

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View the related Practice Notes about Cash leakage

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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PRACTICE NOTES
UK Banking, Finance, Capital Markets, Derivatives and Insolvency Law Glossary including Islamic finance

Banking & Finance glossary A Auditing and Accounting Organisation for Islamic Financial Institutions (AAOIFI) The foremost Islamic, international, autonomous, independent, not-for-profit corporate body that develops and issues accounting, auditing, governance, ethics and Shari’ah benchmarks and standards for Islamic Financial Institutions (IFIs) and the wider Islamic finance sector. Founded in Bahrain in 1991, it is backed by a number of institutional members across more than 45 countries, including central banks and regulatory authorities, financial institutions, accounting and auditing practices, and legal firms. Its pronouncements are currently applied by leading Islamic financial institutions across the world and have advanced a progressive and gradual harmonisation of global Islamic finance practice. It also delivers professional qualification programmes—notably Certified Islamic Professional Accountant (CIPA), Certified Shari’ah Adviser and Auditor (CSAA), and the corporate compliance programme—in efforts to strengthen the industry’s human capital and governance frameworks. For further details, see Practice Note: Key participants in the Islamic finance industry—Accounting and Auditing Organisation for Islamic Financial Institutions (AAOIFI). Acceleration Acceleration is the formal action...

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