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Get To Know About Merchant Cash Advance Agreement

BY Value Capital Funding

March 1, 2025

Get To Know About Merchant Cash Advance Agreement

A merchant cash advance (MCA) offers fast funding to businesses needing immediate cash flow. Unlike traditional loans, an MCA works as an advance against future sales. The lender purchases a percentage of a business’ future revenue in exchange for a lump sum payment.

These agreements seem simple but contain complex terms that impact a business’ financial stability. High fees, daily repayment deductions, and strict contract clauses make MCAs one of the most expensive funding options. Business owners struggling with MCA debt often seek MCA debt relief to regain financial control. Understanding the details of an MCA contract helps businesses avoid long-term financial distress.

Key Terms in a Merchant Cash Advance Contract

Confession of Judgment Clause

Some MCA contracts include a confession of judgment (COJ) clause. This gives the lender the right to obtain a legal judgment against a business without prior notice. If a borrower fails to meet repayment terms, the lender can take legal action immediately.

Several states, including New York and Virginia, now prohibit COJ clauses in MCA contracts. However, some lenders still include them in agreements based on other state jurisdictions. Business owners should review this clause carefully and seek legal guidance if necessary.

Factor Rate vs. Interest Rate

Unlike conventional loans that apply an annual interest rate, merchant cash advances (MCAs) use a factor rate to calculate repayment costs. This rate typically falls between 1.2 and 1.5.

For instance, if a business secures a $30,000 MCA with a 1.4 factor rate, the total repayment amount would be $42,000 ($30,000 × 1.4). The $12,000 difference serves as the lender’s fee, highlighting the high cost associated with MCAs.

Many businesses turn to MCA debt consolidation to manage multiple high-cost advances and lower repayment burdens.

Holdback Rate

The holdback rate determines the percentage of daily or weekly sales used to repay the MCA. This rate generally falls between 5% and 20%.

For example, a business with a 20% holdback rate earning $1,000 per day will have $200 deducted daily for repayment. Since repayment depends on sales volume, high holdback rates can severely impact cash flow, making it difficult to cover operational expenses.

How MCA Repayment Works

MCA providers collect payments through different methods:

  • Split withholding: The credit card processor splits daily sales between the business and the MCA lender before depositing funds.
  • ACH withdrawal: The lender withdraws fixed daily or weekly payments from the business’ bank account.
  • Lockbox withholding: All sales go into a bank-controlled lockbox account, where the lender takes its portion before releasing funds to the business.

These repayment structures can drain cash reserves quickly. Businesses that struggle with multiple MCAs often seek MCA debt refinancing to replace expensive advances with structured loans.

Reconciliation Clause and Repayment Adjustments

A reconciliation clause allows businesses to request repayment adjustments if revenue declines. This clause protects businesses by enabling them to renegotiate payment amounts if they struggle to meet obligations.

Not all MCA agreements include this clause. Without it, businesses locked into high repayment deductions may experience severe cash flow shortages. If an MCA provider refuses to adjust repayment terms, MCA debt restructuring may be a better option to regain financial stability.

What Happens If a Business Defaults on an MCA?

Defaulting on an MCA can have serious consequences. Many MCA contracts require a personal guarantee, making the business owner personally liable for repayment. Lenders may:

  • Seize business assets or personal property.
  • Freeze bank accounts through a confession of judgment.
  • File lawsuits to collect outstanding balances.

Some MCA providers report defaults to commercial credit bureaus, impacting future financing options. Business owners facing default often explore MCA debt relief to negotiate better repayment terms before legal action occurs.

When to Seek Merchant Cash Advance Help

Many business owners sign MCA agreements without fully understanding the long-term impact. If an MCA becomes unmanageable, business owners should seek help before falling deeper into debt.

Signs that a business needs MCA debt relief include:

  • Struggling with multiple MCA payments.
  • Falling behind on payroll or operational expenses due to high deductions.
  • Facing legal threats from MCA lenders.

MCA debt restructuring helps businesses modify repayment terms without taking on additional loans. Consolidating or refinancing existing MCAs can also reduce financial strain.

A Smarter Path to Financial Stability

At Value Capital Funding, we help businesses escape the cycle of MCA debt. Our MCA debt restructuring services allow business owners to regain financial stability—without requiring new loans, collateral, or upfront fees.

For businesses overwhelmed by high-cost MCAs, we offer structured solutions, including MCA debt consolidation and refinancing. If your business needs a sustainable plan to move forward, reach out today to explore your options.

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