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Phase 4 Step 13: Closing

Closing

Closing the actual financing is often anti-climactic as the long, hard work of negotiation and documentation constitutes the bulk of the time spent on a loan.

Typical Steps in Closing A Loan

  • Compliance with the agreement
  • Representations and Warranties are true at closing
  • All consents are obtained
  • All appropriate corporate actions are taken
  • Opinions of counsel are delivered
  • No material adverse changes in the business condition have occurred
  • Consummation of the transaction through execution and delivery of documentation and transfer of funds
  • Execution:
  • Acts – shareholders, governmental (e.g. filing of security interests on various assets)
  • Simultaneous execution and closing
  • Prepare details of a fund flow at close

Please Note: CLOSINGS ARE OFTEN ANTI-CLIMACTIC BUT ALL PARTIES SHOULD STAND BY FOR LAST MINUTE DETAILS

Borrower: Beware of significant changes or additions in proposed loan structure after the Letter of Intent that are not supported by new information or analysis during due diligence

PQ can provide a list of preferred third-party advisors for Step 14 including Lawyers, Accountants and more.

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