Two loans offer 18–22% coupons. One is backed by offshore collections and a monitored cash waterfall. The other has strong collateral “on paper” but no practical enforcement path.

The first survives a shock. The second becomes litigation theatre.

Market and capital reality check

Enforcement is the hidden variable. Contract enforcement time and cost differ materially across jurisdictions; Doing Business is directional but helpful for framing friction. FX controls and transfer approvals are path-dependent; AREAER is a starting map of restrictions, but deals need local counsel and bank behavior checks. Arbitration clauses matter when local courts stall; NY Convention sets a recognition framework.

The playbook: term-sheet-first underwriting

Security packages that often work better:

  • Offshore collections account with clear waterfall
  • Escrow and cash sweeps tied to coverage ratios
  • Receivables assignment with strong obligor contracts
  • Step-in rights and clear events of default

Security that is often weaker than it looks:

  • Local collateral without perfection and practical enforcement
  • Pledges without signatory control
  • Guarantees without collectible assets

Waterfall

Collections → taxes and payroll → operating capex → debt service reserve top-up → interest → principal → distributions.

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Deal and product lens

Most relevant to trade finance, invoice discounting, asset-backed lending, and structured SME credit.

Term Sheet Red Flags (sidebar)

  • No visibility into collections
  • No monthly reporting covenant
  • No reserve account
  • No arbitration or enforceable dispute path
  • Hard-currency debt against purely local-currency cash flows
“The coupon is not the return if you cannot control cash.”

Key datapoints

  • Doing Business enforcing contracts measures time and cost, directional.
  • NY Convention enforcement framework for awards across contracting states.

Execution steps

  1. Underwrite collections before collateral.
  2. Make reporting monthly, not quarterly.
  3. Add cash controls: reserves, sweeps, mandates.
  4. Stress test transfer paths and FX rules.
I-Invest disclosure: This article is for informational purposes only and does not constitute investment, legal, tax, or migration advice. Markets, regulations, and outcomes vary by jurisdiction and individual circumstances. Readers should seek independent professional advice before making decisions. References to companies, deals, programs, or products are descriptive and not a solicitation or endorsement.

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Written by

Stephanie Nelson
Founder of I-Invest Magazine. She builds global wealth systems linking private credit, real estate, and mobility pathways that turn high-income professionals into institutional investors with generational impact.

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