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Questions from legal teams, answered.

Send a question about the market and the answer is published in InfraCompute Weekly, without naming you, then kept here. Each answer links to the filed wording and the filed range behind it.

Randeep Bubbra | Lawyer | Making the next generation of infrastructure financeable · Firm profile ·

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8 answered

The questions

  1. What cash trap and covenant levels should we expect in our first GPU loan?
  2. How much of the GPU cost will lenders lend?
  3. Will our customer have to sign something for our lenders?
  4. Our customer wants a right to step in to our financing. Is that normal?
  5. Our GPUs will sit in three countries. Do we need security in each?
  6. Our data centre tenant is a neocloud. What will lenders want behind the lease?
  7. How do export controls come up in a GPU financing?
  8. Why do GPU loans get amended so soon after signing?
All answers

GPU loans

What cash trap and covenant levels should we expect in our first GPU loan?

Expect two tests, not one. A cash trap stops distributions to the parent when coverage dips, and a lower default covenant is the point at which lenders can accelerate. The gap between the two is what gives you time to fix a problem with a customer or a delivery.

What goes into the ratio matters as much as the level. Some filed facilities test contract cash flow less listed costs; others test operating income. Agree the definition first, then negotiate the number.

What the filings show

A starter question from the editor ·

GPU loans

How much of the GPU cost will lenders lend?

Each draw is usually the lower of two numbers: a percentage of cost, and the amount the contracted cash flows can repay at a sizing coverage ratio. In practice the second limb often binds, so a longer or stronger customer contract can be worth more than a higher advance rate.

Watch the cost definition. A percentage of GPU capital expenditure and a percentage of project costs that include networking and installation are different numbers.

What the filings show

A starter question from the editor ·

Customer contracts

Will our customer have to sign something for our lenders?

Usually yes. Lenders want the customer to acknowledge the security over the contract, agree to pay into the lenders' account and give the lenders notice and a chance to cure before it terminates. That is the direct agreement, sometimes called a consent and agreement.

The filed deals differ on timing: some require it before the first draw, others by closing or as later negotiated. Ask for the customer's consent to a future direct agreement in the contract itself, so it is not a fresh negotiation when you raise debt.

What the filings show

A starter question from the editor ·

How answers are written

Answers are general and drawn from public filings; the filed ranges come from the What's market cards and update with them. Starter questions are the editor's own; reader questions are marked with the Weekly issue that answered them. Nothing here comments on any company. General information drawn from public filings. It is not legal advice on any transaction, and using this page does not create a lawyer-client relationship. Views are personal.

Randeep Bubbra

InfraCompute Weekly

The week in compute finance, read from the filings.

Deals, terms and the clauses behind them, for the people financing data centres, GPU clouds and the power behind them. By Randeep Bubbra.

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