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A debt/equity swap is a refinancing deal in which a debt holder gets an equity position in exchange for the cancellation of the debt. The swap is generally done to help a struggling company continue to operate. The logic behind this is an insolvent company cannot pay its debts or improve its equity standing.
Definition of a convertible loan As mentioned above, a convertible loan is a short-term debt that converts into equity. Usually it converts at the next investment round. Example: if you receive your seed investment in a form of convertible loan, it will convert to equity when you raise your Series A investment.
Such conversion increases solvency and liquidity position of a company and improves the potential to raise further funding should it be required.
With convertible debt, a business borrows money from a lender or investor where both parties enter the agreement with the intent (from the outset) to repay all (or part) of the loan by converting it into a certain number of its preferred or common shares at some point in the future.
A debt/equity swap is a transaction in which the obligations or debts of a company or individual are exchanged for something of value, namely, equity. In the case of a publicly-traded company, this generally entails an exchange of bonds for stock.
Debt-to-equity swaps are common transactions that enable a borrower to transform loans into shares of stock or equity. Mostly, a financial institution such as an insurer or a bank will hold the new shares after the original debt is transformed into equity shares.
Section 62(3) of the Companies Act allows for the conversion of loans into equity. This section states that a company may, with the approval of a special resolution passed by its shareholders, convert any of its loans into shares of the company.
However, a company may opt to convert such a loan into shares if the same is agreeable to the lender instead of repaying it back. In ance with Section 62(3) of the Companies Act of 2013, a Company may convert the loan into equity after obtaining the approval from its members by way of special resolution.