Uxy said:
I'm not convinced governance is really on the agenda any more anyway.
Anyway, back to this, and I spoke to someone who knows these sorts of things a lot better than I. They reckoned this looks more open-ended than the usual sorts, although the club's ability to draw down on it would likely depend on future sales. Did also note there's likely to be an ongoing charge to maintain that unused facility.
Looks to me as though it’s fairly standard factoring agreement, albeit it allows for factoring of future fees as well. The Appendix mentions the ‘transfer’ amount which must be Downes as no one else of note has gone.
The reality is that no one would lend us anything (or not someone like Mellon) outside that sort of agreement as we have no assets to secure anything. The Trust deed with Silverstein et al has charges over any assets we do have and any change to that would need to have a waiver from the Trust company which isn’t there, so it is only future transfer fees that we can borrow against.
There will undoubtedly be a fee for obviously the factoring (an embedded interest charge) but also for providing a facility. It looks to be replacing old agreements though which would have had the same.