The following In-house Advisor practice note provides comprehensive and up to date legal information covering:
The following jurisdictions are covered in this report:
France; Germany; Hong Kong; India; Italy; Japan; Luxembourg; Nigeria; Spain; Sweden; Switzerland; Turkey; England & Wales; USA
The set of questions relating to the topic of Acquisition Finance and answered by the guide for each jurisdiction covered include:
What territory’s law typically governs the transaction agreements? Will courts in your jurisdiction recognise a choice of foreign law or a judgment from a foreign jurisdiction?
Does the legal and regulatory regime in your jurisdiction restrict acquisitions by foreign entities? Are there any restrictions on cross-border lending?
What are the typical debt components of acquisition financing in your jurisdiction? Does acquisition financing typically include subordinated debt or just senior debt?
Are there rules requiring certainty of financing for acquisitions of public companies? Have ‘certain funds’ provisions become market practice in other transactions where not required?
Are there any restrictions on the borrower’s use of proceeds from loans or debt securities?
What are the licensing requirements for financial institutions to provide financing to a company organised in your jurisdiction?
Are principal or interest payments or other fees related to indebtedness subject to withholding tax? Is the borrower responsible for withholding tax? Must the borrower indemnify the lenders for such taxes?
Are there usury laws or other rules limiting the amount of interest that can be charged?
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