Whether you're a business looking for financing or a lender willing to offer it, you likely have similar goals: you want a contract that is safe, has reasonable terms, and aligns with your goals.

 

It helps to have lawyers who can bargain effectively, knowing when to fight for more favourable conditions and when it's time to accept what's offered or walk away, when you're picking legal counsel for seeking or giving money. It must always be the best offer for you; that is the deciding factor.

 

The first step in the legal process for such transactions is to come to an agreement on a set of heads of terms that specify important details like the size of the investment; preferential dividends; control rights; good/bad leavers; restrictive covenants; and the conditions of the owners' and management team's employment.

 

The investor will start its commercial, financial, and legal due diligence after the heads of terms have been agreed upon. Key management may also be the subject of specific due diligence.

 

We are prepared to help you with conducting due diligence on potential borrowers and lenders, negotiating, renegotiating, and recording deals, structuring appropriate financial solutions, putting regulatory checks in place and ensuring compliance, drafting and reviewing agreements, and producing final documents.