Companies acquisition financing
- Seller’s side: organizing due diligence to identify risks to be subject to guarantee for a potential purchaser;
- Buyer’s side: carrying out legal audits to identify the potential legal, social and tax risks existing in the target company/group and to have them covered in the seller’s guarantee;
- Drafting and negotiating letter of intent, non-disclosure agreement, share purchase agreement, first demand guarantees, shareholders agreements;
- Drafting and negotiating (i) loan agreements to finance target purchase price and (ii) securities (joint & several guarantee, first demand guarantee, share pledge, bank account pledge, cash pledges, etc…);
Assets financing
- Pre-contractual stage: assisting in financing researches and negotiation of terms and conditions of termsheets;
- Drafting & negotiating mortgage loan agreements;
- Preparing & drafting applications for tax approval to be submitted to the French Tax Administration for tax financings;
- Drafting & negotiating tax lease documentation;
- Drafting, negotiating and registration of securities such as pre-delivery securities assignment covering shipbuilding contract and refund guarantees (to secure building process), mortgages, insurance assignment, charter/hire assignment, assignment or pledge of receivables (upon vessel delivery);
Marine Partners law firm works with its clients to draft the contracts listed above (non-exhaustive list) in both French and/or English depending on the files.
With regard to assets financing, Marine Partners law firm advises and assists, depending on the case, lenders (mainly French or foreign banks) or borrowers in close relationship with their finance department.