
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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