How to deal with conditions subsequent in a loan transaction
Published by a LexisNexis Banking & Finance expert
Practice notesHow to deal with conditions subsequent in a loan transaction
Published by a LexisNexis Banking & Finance expert
Practice notesIn some circumstances, a transaction will involve satisfying certain conditions after completion has taken place. These are known as 'conditions subsequent'. This may be as a result of the terms of:
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the finance documents (eg where it was always intended to be the case that certain conditions which the lender attaches to the transaction could only be satisfied after completion), or
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a waiver letter (ie where certain conditions precedent were not satisfied at completion and the lender agreed to waive them for a specified period)
It will be in the interests of both the lender(s) and the borrower to make sure that the conditions subsequent are satisfied within any deadline set by the lender(s).
Lawyers acting for the lender(s)
The lender(s) will be concerned to ensure
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