The article addresses the issue of conditions that the borrower is obliged to fulfill during the crediting process. These terms, the so-called covenants are built into credit agreements and are aimed at limiting banks’ risk when financing business entities. However, at the same time, covenants constitute conditions limiting the scope of use of bank loans. Covenants are very diverse. The principle hypothesis of the study assumes that the covenants differ according to the type of credit and the characteristic of the industry and the financial situation of the enterprise. In order to examine the hypothesis, an analysis of 25 credit agreements in three corporations and their subsidiaries was undertaken. These entities belong to fuel, mining and metallurgical sectors. At the same time, we observe the extent to which these covenants were kept during four quarters of 2016 and two quarters of 2017. Due to the confidentiality of the data contained in the loan agreements, the names of groups and their companies were kept confidential at the request of their management. Studies have also shown that abiding by non-financial covenants has been more difficult than abiding by financial covenants. In covenants, several contracts stipulated that a company cannot freely dispose fixed assets, restructure them or use leased assets which hinders the use of those asset to repay debt. One major obstacle was the fact that the company could not undertake any additional business beyond the existing one. This hindered the diversification of companies’ activities, which would improve their competitive position on the market. The author intends to conduct further research on covenants to highlight their flexible use and to increase the availability of bank loans to business entities.
The paper presents areas where the EBITDA measure is used in coal companies. The metric and the ratios where it is utilized are employed to assess companies and management efficiency, hence they are used as criteria for rewarding board members. EBITDA-based ratios are also used to evaluate the profitability of company restructuring and its goodwill in mergers and acquisitions. EBITDA, also tends to be used to value companies on the capital market. It is a good tool for efficiency assessment in coal companies with relatively stable fixed assets and small share of intangible assets, which amortized over short periods of time could interfere the comparability of relations based on this measure. The comparability is also disturbed by large investment expenditure incurred in the short term. This does not apply to the mining industry, in which investment cycles are long, last several years and expenditures are spread over time. In addition, the rate of technical progress imposing the need to implement large technology projects is not high compared to technology companies with high development dynamics.
EBITDA based ratios were used to assess a number of listed coal companies. The analysis revealed that the profit/loss of these companies is mainly determined by coal prices. The cost of coal mining is 90% fixed and projects undertaken to reduce it bear fruit only over the long term. Cyclically changing coal prices cause major losses in companies when prices are low, which leads to bankruptcies or a need to restructure. After a period of decline in 2014–2016, the profit/loss of Polish coal companies as well as companies from around the world improved in 2017–2018. T he financial standing of Polish companies was better than that of their counterparts from other parts of the world.