The table below summarises the conditions precedent typically requested by senior lenders on an acquisition finance transaction, together with the party responsible for drafting/providing them and other relevant information.

There will normally be a large number of conditions precedent documents including:

1. •

   corporate authorisations

2. •

   acquisition documents

3. •

   equity investment documents

4. •

   finance documents (including facilities agreements and security documents)

5. •

   legal opinions

6. •

   due diligence reports and other information, and

7. •

   documents relating to the structure and flow of funds

The conditions precedent will be contained in a schedule to the facilities agreement.

Some conditions precedent will need to be delivered prior to signing and some prior to first utilisation (see Conditions precedent on acquisition finance transactions—general considerations).

It is important to consider what additional conditions precedent are appropriate for the particular transaction, considering such factors as the due diligence reports, particular legal considerations and the transaction’s particular structure. Lists contained in precedent or standard form documents should be used as starting points only.

For an introductory guide to acquisition finance,