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Most loans are for 5 to 7 years and do not require collateral. In mezzanine debt financing, one of the main advantage is the flexibility it offers in debt structure. The structures are usually chosen based on the specific objectives of the transaction and the existing capital structure in place at the company. Most commonly used debt structures include cash interest, Pay-In-Kind interest, and warrant ownership.

To understand how Pay-In-Kind interest works in a mezzanine deal, take a look at the following illustration. This is compounded till the end of the fifth year, when the lender will receive the PIK interest in cash when the note is paid at maturity.

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Often companies have the option to pay the PIK interest in cash on a current basis if they prefer to. The highly varied nature of mezzanine debt structures require careful consideration before implementation.

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Payment in Kind. For the purposes of calculating the number of FM Ordinary Shares to be paid to satisfy any such indemnity, the value of each FM Ordinary Share shall be an amount equal to one-tenth as appropriately adjusted for any stock split, stock dividend, recapitalization or reorganization of the closing price per ADS on the date one 1 Business Day prior to the payment of any such indemnity.


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Sample 1. In addition to the accrual of Interest provided in Section 3.


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The Plan Administrator may, in its sole discretion, direct the Trustee to make payments under this Article in the form of cash or other property, whether real or personal.