Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“In some areas of research there were also significant time savings. You get to what you are looking for more quickly, which all goes to the value of the product.”

Harper Mcleod

Access all documents on Receivables availability

Receivables availability meaning

What does Receivables availability mean?
In receivables finance and asset-based lending, receivables availability is the maximum amount a lender or factor will make available at any time against the borrower’s receivables. It is a contractual, market term rather than a concept defined by statute or case law, and is typically set out in the facility agreement or receivables purchase agreement. It is commonly calculated as the advance rate (advance percentage) multiplied by the value of approved/eligible receivables, less agreed reserves, and then capped by the overall facility limit and any sub-limits or availability blocks. Eligibility is determined by the documents and usually excludes ineligible receivables (for example, aged debt, disputed invoices, contra or set-off exposures, concentrations above agreed caps, and receivables subject to dilution or credit limits breaches). Availability is monitored through borrowing base calculations and borrowing base certificates, reconciliations and audits, and it determines headroom for further drawings; shortfalls may restrict funding. Usage and calculation practices are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland. While methods of taking security or transferring receivables (assignment/assignation and perfection steps) differ by jurisdiction, these do not alter how receivables availability is computed.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about Receivables availability

PRACTICE NOTES
Borrowing Base Facilities in Trade and Commodity Finance: Eligibility, Calculation, Reporting, Lender Risks and Cross-border Security; LMA 2026 and Electronic Trade Documents Act 2023 Updates

What is a borrowing base facility? Borrowing base facilities (‘BB Facilities’) are a form of trade finance. They are working capital arrangements that provide short-term liquidity either through advances or by issuing trade instruments, such as letters of credit (see: Letters of credit—overview) or on demand guarantees (see: On demand guarantees/bonds—overview). These facilities are fully secured against current assets—commonly trading receivables, inventory (i.e. goods in storage or in transit), cash and contractual rights—of the borrower and/or other security providers. Consequently, the borrower’s available capital at any given time is directly linked to the value of the assets securing the lender(s). BB Facilities are typically offered to trading companies on a revolving basis to fund the purchase, storage, transport and sale of prescribed commodities. They are often used to finance a pool of traded assets subject to high price volatility. Reflecting this, a standard borrowing base facility agreement will include provisions focused on those assets and their valuation. A typical BB Facility has a tenor of 1–2 years, although...

Read More Right Arrow

View the related Precedents about Receivables availability

PRECEDENTS
English law deed of assignment by way of security of book debts and receivables to a security agent for syndicated facilities, with notice/acknowledgement and accession deed

This Assignment is dated [ insert day and month ] 20[ insert year ] Parties [ Insert name of Assignor ], a company incorporated in England and Wales with registered number [ insert company number ], whose registered office is at [ insert address ] (the Assignor); and [ insert name of Security Agent ] of [ insert address ], acting as security agent and trustee for the Finance Parties on the terms and conditions set out in the [ [ Facilities Agreement ] OR [ Intercreditor Agreement ] OR [ Security Trust Deed ] ] (the Security Agent). Background The Finance Parties have agreed to make available the loan facilities subject to the terms and conditions contained in the Facilities Agreement (as defined below). A condition precedent to the availability of those loan facilities is that the Assignor enters into this Assignment for the purpose of providing security in favour of the Security Agent in respect of...

Read More Right Arrow