Certainty of funds in the COVID-19 world
Why are certain funds provisions needed? Generally, in acquisition loan agreements (and loan agreements more generally for that matter) there are a number of conditions precedent that need to be fulfilled before lenders are obliged to disburse funds. These conditions precedent will include the requirement that no event of default or potential event of default […]
The regulations are out
A snapshot of the Foreign Acquisitions and Takeovers Amendment (Threshold Test) Regulations 2020 Several weeks ago, the Treasurer announced important changes to Australia’s foreign investment framework which stated that the monetary screening thresholds would be reduced to zero for all actions. We discussed those changes and their implications here, while we waited for the detail […]
