Outside Publication

The Evolution Of Specified Reps In Acquisition Finance

August 20, 2015

In an acquisition in which third-party debt financing is a component of the capital structure, it is critical to both the buyer and the seller that the debt financing not be an impediment to closing the transaction.

As it has become uncommon for acquisition agreements to contain an express “financing out,” the buyer party may have more leeway to walk away from the proposed deal if its financing does not come together for closing.

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