When lenders wish to lend to corporate entities it is important that they ensure that all agreements have been properly authorised by the entities constitutional documents, applicable legislation and the entities management.
We routinely advise lenders on the ability of companies, limited partnerships and trusts to enter into facility agreements, notes and bonds and other security documents, as well as share and unit issues.
Our services in this area include:
- Due diligence review of the entities constitutional documents, corporate records and compliance with applicable legislation
- Review of facility agreements, pledges, mortgages, debentures, other security documents, subscription agreements.
- Preparation of corporate capacity opinions usually required as a precondition to the completion of the transaction.