4-1 LENDING PROGRAM
Offered to select clients and industries since 2005, our "4-1 Lending Program"is based on "multiples". As the project owner, you are required to bring a minimum amount of funds to the project (20% of the total costs), and we can lend you up to 4x the initial amount you've already raised (the remaining 80%) to fulfill the budget.
The way that we can do this is that our banking partner will position your initial funds as your loan's "loan loss reserve" during the drawdown of our loan funds. This does not, in any way, place any lien, claim or encumbrance on your funds, it simply shows that there is a "set aside" amount on behalf of the borrower. When those initial funds are positioned in that way, our banking partner adds a number of multiples of that "set aside" amount in new credit to our credit lines. We place the first four multiples in a credit facility, which becomes your loan. The remaining multiples afforded to us are put to use in our other lending and trading programs, which is where we make our real profit in these loans, mitigating our risk on your project.
In order to be meet all compliance requirements for a loan loss reserve, your initial funds must remain undepleted and unencumbered during the drawdown of our loan funds (usually disbursed in monthly tranches, across 8 to 10 months). There are multiple methods available to ensure those funds remain undepleted and unencumbered during that period, all guaranteeing no risk to them on behalf of the borrower. To see how your funds are safely protected against all perils, please see the "Financial Safekeeping" heading on this page, below.
TO QUALIFY FOR FUNDING:
To be eligible for funding, your project must fit the following criteria, in full:
Your project must have the production elements established. A fully developed business plan must already be in place. If you only have a script but no budget or production plan, you are not yet ready to be funded. Your project doesn't necessarily have to be ready to produce immediately, but it should be basically ready to go.
Minimum funds already raised. There must already be at least $1M USD ready to deploy into the project. As a requirement to qualify for our 4x funding multiples, those initial funds must sit idly on the sidelines throughout the drawdown of our loan, either in your own bank account or 100% guaranteed at OUR cost. Once all of our loan funds are fully disbursed to you, your initial funds will then be the last money spent into the project to complete it.
Timing. All FilmCabbage loans must be approved through banking compliance, a process that takes approximately 60 days. If you require funds immediately, and cannot wait for compliance confirmation, your project will not qualify. Additionally, our funds are released in traunches as they are consumed into the production, so it takes 8 to 12 months for them to be fully deployed. If you require all funds on day 1, we will not be able to assist you.
FilmCabbage offers borrowers an industry leading interest rate - not only do we provide you with 4x the amount of your capital as a credit facility, but we do it at the rate of "LIBOR +2", based on the existing US 12-Month LIBOR rate. The current LIBOR rate is on the right side of the page linked here:
*** PLEASE NOTE: As of March 19, 2020 we are temporarily suspending our usual interest rate of LIBOR+2, and instituting a flat interest rate of 3.5% per annum until further notice. The governments of the world have slashed interest rates in order to facilitate inexpensive lending and economic stimulation while the economies of the world deal with massive shut-downs due to the COVID-19 virus. We are a private business and need to generate interest income from our loans, and as such have frozen our interest rate for now. Once the economic crisis has passed, we will eventually return to our regular interest model - for now this flat rate will apply to all new loans.***
The crucial element of our loan process is that your money is never exposed to ANY risk whatsoever. In fact, your initial funds sit on the sidelines, usually in your own bank account, until all of our capital is spent into the project. Your money will be the last money spent - we absorb the financial risk for you. To apply for funding for your Entertainment Project, you will need to submit an application package. Prior to doing so, you should first contact us to discuss your project and review its business plan to make sure that it appears to be a good fit for our program. If it appears to be, we will provide you with all of the required documents that must be submitted to complete your application package.
Once your application package is submitted, we have our intake and risk assessment teams review all elements of the submission. If your project is accepted, you will receive a comprehensive Term Sheet that outlines the loan terms. Our issuance of this term sheet confirms that we're "in", and willing to fund your project - as long as the loan terms are mutually agreed upon and the process steps are followed from that point, your project is a go.
FilmCabbage loans do not require any additional corporate or personal guarantees - each loan is secured only by the actual project that our money is helping to create. You are not required to secure the loan with any additional personal or corporate assets. There are also never any up-front fees - any costs or fees associated with the loan are not due to be paid until AFTER you are receiving funding from us.
No Engagement Fees
No Due Diligence Fees
No Application Fees
We pay our own costs, and you pay yours. As is standard for any loan, as the borrower you will be responsible for the legal costs of closing the transaction. Closing costs will be invoiced to you upon "close" of your loan deal, after compliance confirmations are complete and funding has begun. Closing costs will be disclosed in your Term Sheet.
There will be a 3% "Lending Fee," due AFTER formal "close" of the deal and commencement of loan disbursements. This fee is normally deducted from the loan funds themselves, never from your original capital.
Throughout the loan term there will be a small monthly accounting fee for a loan oversight custodian who will reconcile the costs of the production to the funds drawn, confirm that the project remains on schedule, and monitor the repayment of principal and interest. This fee will be fully described in your Term Sheet.
HOW TO APPLY
The process to apply for and receive financing from FilmCabbage is as follows:
STEP 1: Contact us to discuss the details of your project so that we can determine if it suits our lending model. If it does, we will provide you the applications and documents you'll need to apply for a loan.
STEP 2: Submit your application package. This will include:
1. Proof of Funds, showing appropriate initial funds ready to deploy into the project
2. Project Business Plan
3. Project Use of Funds Schedule / Preferred Drawdown Schedule
4. Entertainment Loan Application Form
5. Initialed and signed FAQ document
6. Personal Identification Information of Applicant/Signatory
(required for KYC, Banking Compliance and Anti-Money Laundering protocols)
7. Articles of Incorporation.
8. Board Resolution (stating the signatory has the ability to bind the corporation to contracts).
We then submit your project to our independent risk assessment team, who will analyze your application package to ensure the project makes sense for us to participate in.
STEP 3: If your project is accepted for funding, you will be sent your comprehensive "Term Sheet" which outlines the primary terms of the loan. Once both parties have agreed to terms, both parties sign the Term Sheet to proceed to the next step.
STEP 4: BANKING COMPLIANCE
At this point you will be put in contact with our banking compliance team, whose role is to ensure compliance with all banking requirements and regulations by both parties (lender and borrower) and to ensure that your initial capital is appropriately positioned to remain unencumbered and undepleted during the drawdown of our loan. This process is described under the heading "Financial Safekeeping" below. The loan is then submitted for compliance confirmation, where the involved central bank(s) involved examine and approve all aspects of the transaction. This compliance process takes approximately 60 days to complete.
STEP 5: During the compliance confirmation, we create the Final Loan Agreements for your signature.
STEP 6: Once compliance clearance has been complete, your loan facility is opened and disbursements commence per your loan contract.
The key element of this FilmCabbage program is the requirement that to qualify for a loan, 20% of the total budget must already be in place. It is the existence of the borrower's project, coupled with those initial funds already being pledged to the project, that makes the 4x multiple that we lend to them possible.
The only requirement of those initial funds is that they remain completely undepleted and unencumbered throughout the disbursement of the loan funds, so that they may be accurately positioned as the project's "loan loss reserve". If they were to become encumbered or depleted in any way, it would violate compliance requirements and cause the entire loan to collapse. As a result, to ensure compliance with Central Banking regulations as well as similar requirements from our insurance partners, there are specific methods and oversight required to guarantee that those funds will remain idle throughout the drawdown of our loan funds.
There are three approved methods (listed below) for this assurance currently available. All three of these methods have been designed to specifically ensure our clients/borrowers that their funds are fully guaranteed and secure at all times.
Method 1. THE BORROWER'S INITIAL FUNDS AMOUNT TO $10M USD OR MORE; THOSE FUNDS REMAIN IN THE BORROWER'S BANK ACCOUNT
If the borrower's 20% amount to $10M USD or greater, and they bank at a “Top 20” bank in an acceptable jurisdiction, their initial funds are able to remain in their own bank account, under their control. The only stipulation is that one of our Compliance Officers MUST be able to “view” this account at their discretion and confirm with the bank that there have been no encumbrances; as a result this Officer must be added to the account as a “signatory”. To ensure that this signatory has no control of the account or the funds, you would arrange with your bank to make the account a 2-signature account, so it requires multiple signatories to move or encumber the funds in the account. That provides the assurance that no single signatory could never do anything except view/confirm the account. Since the funds in the account are required to remain completely idle during the funding process, our Insurance Company requires that it be monitored on an ongoing basis.
The borrower (or investor providing the 20% funds) will be required to sign a 'deposit agreement' wherein they agree to leave the funds idle in that account for up to a year, or if withdrawing from the loan process to give our banking compliance group 60 days notice prior to moving the funds. If there is any challenge with your bank's status as a top 20 bank in an acceptable jurisdiction, our banking compliance team can assist you to create an account with an appropriate bank, and with the appropriate safeguards.
Method 2. THE BORROWERS “INITIAL FUNDS” ARE LESS THAN $10M USD; MUST BE DEPOSITED IN A DEDICATED SAFEKEEPING ACCOUNT WITH AN APPOINTED BANK
For Borrowers with initial funds amounts of more than $1M but less that $10M USD there are dedicated Safekeeping Accounts located either at HSBC London (for international groups) or with a FDIC insured and FinCEN registered investment bank (for North American groups). These accounts are usually set up as the borrower's OWN account with the bank, and their funds always remain completely under their own control throughout the loan process. All North American deposits/accounts are housed under the investment bank with the US Federal Reserve Bank. International clients may have slightly different processes, depending on their geography. One of our banking Compliance Officers will provide all the specifics to borrowers upon reaching that point in the process.
There will be a formal Deposit Agreement required stipulating that the Borrower's Initial Funds cannot be depleted or encumbered while in safekeeping, and must remain on deposit throughout the 12-month compliance and funding period. On completion of that period, funds are free to be returned to the account of origination. If the borrower decides to withdraw from the loan, their funds can be moved from the safekeeping account after providing 60 days written notice.
Method 3. SBLC or BANK GUARANTEE – MINIMUM $10M USD or GREATER (initial funds remain in borrower's bank account, and a SBLC or BG is issued by their bank)
Utilizing this process we can ONLY work with Top Tier Banks in highly stable banking jurisdictions. This method would typically never be used for initial funds amounts of less than $10M.
Under this method the borrower's capital will remain in their bank account, and that bank would issue to the fiduciary's bank a “banking instrument” such as a “SBLC” (Standby Letter of Credit) or a “BG” (Bank Guarantee). Keep in mind that the issuing bank will charge fees (often substantial ones) to create, issue, and eventually recall and liquidate this instrument, and those costs will be fully the responsibility of the borrower.
Please note: this process is meant for clients that have a high level of sophistication in banking and finance, and who will deal directly with bankers who have extensive experience in setting up such instruments. Please also note that unless your instrument is for $10M or more, most banks are reluctant to accept them. As a result, for deals under $10M we strongly suggest "Method 1" as that option is always smoother, more expedient, and without any costs to the borrower. However, this safekeeping option is available for projects that want to use it and who qualify for it.
FilmCabbage has designed these safekeeping processes using best in partners and processes to mitigate risk and guarantee the complete security and safety of ours and our clients' assets, while adhering to all required compliance and legislative requirements. Each of the processes described offer a full 100% guarantee of the safety and security of all funds in our program, each of which is fully verifiable.
If you have any questions about FilmCabbage's safekeeping processes, please contact us today.