Documentation Impact Advisory
In carrying out financial transactions companies almost exclusively focus on pricing while other important factors such as the “small print” in documenting the deal tends to be neglected. Such important points in the documentation include amongst others:
- Cross default clauses
- Financial covenants and early termination
- Representations and warranties
There is a wide range of different wordings of such documentation clauses being utilised in the market. From a commercial point of view more restrictive clauses can seriously affect the future financial flexibility of a borrower. Therefore the „small print“ in documentation generally requires careful consideration (eg. borrowing limitation for foreign subsidiaries, restrictions on providing collateral).
Independent Capital analyses already existing and currently negotiated financial documents with a focus on their impact on the company’s strategic objectives as well the overall fit with its business model. Moreover, Independent Capital evaluates whether and how financial contracts will allow flexibility for managing the business in the future. On this basis Independent Capital supports the implementation of the financing documentation until successful closing.