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Financing and security rights

There is no such thing as standard financing. Every kind of financing is characterised by specific elements that go back to the source of the need for financing. We offer suitable assistance on and solutions for any kind of financing.

Our lawyers and civil-law notaries are frequently involved in financing programs both nationally and internationally. We assist both lenders and borrowers in transactions ranging in value from several hundred thousands to various hundreds of millions of euros. Regardless of the amount of the financing, sound legal assistance is necessary. The reason is not only to make sure that, at a certain point, the funds you have lent will be repaid, but also to ensure that funds that you have borrowed do not unduly restrict your day-to-day operations. An insight into and understanding of your company are necessary to provide you with advice in those areas. The lawyers of Eversheds Sutherland have been trained to obtain that insight and understanding. They are willing to go just that extra length and to venture beyond their legal framework. This makes us to more than just your legal sparring partner. In practical matters as well, we can discuss the form of financing that is suitable to you. Just as our expertise the opportunities are vast.

General financing: funds are raised for your day-to-day business. We advise on an optimal financing structure and will ensure that it is documented in the correct way. Our close collaboration with various corporate finance establishments also ensures optimal commercial performance.

Acquisition financing: funds are raised to acquire a specific target company. We often assist in financing as well as acquisition, and that involvement allows us to proceed quickly and efficiently.

Refinancing: existing financing is converted into new financing, often on more favourable conditions.

Recovery of restructuring of financing: due to economic circumstances, it may be necessary to adjust the company’s existing financing, often at the request of the financier(s).

Project financing: a tailor-made financing package is designed, for example, for a specific project. The financing structures tend to be complex often involving a number of financiers. In addition to assisting in the financing, we will map the risks for you and make an assessment of the (legal) feasibility of the project. We regularly conduct due diligence investigations in connection with this kind of project at the request of financiers.

Off-balance-sheet financing is a frequent form of financing to clean up the balance sheet position with the help of leasing, cash pooling and/or factoring.

Security: financing is often conditional on the provision of security such as a pledge or mortgage. We have in-house (notarial) expertise to advise you on the desired forms of security and can also handle the establishment of the agreed security rights.

Bank guarantees: they are used when a bank or third-party financier assumes the obligation to make a payment to a beneficiary on behalf of the principal under certain conditions for a certain period of time.

Documentary credit: this credit is used when a bank or third-party financier assumes the obligation to make a payment to a beneficiary on behalf of the principal during a certain period of time on presentation of certain documents.

Documentary collection: to secure payment on delivery, the bank is given an order to pay under certain conditions or after the presentation of certain documents before the transaction is concluded.

Intragroup guarantees: guarantees provided within a group of companies, to banks or other financiers, often so that the holding company can contract financing. They particularly involve aspects such as conflicts of interest, directors’ liability and fraudulent acts.

Legal opinions are nowadays almost standard practise in financing transactions. Our specialists issue legal opinions on a regular basis and can provide you with the required legal opinions fast and efficiently.

Miriam Ee, van