Virtually all businesses need or want a line of credit to provide working capital to support daily operations and growth. Sponsors need to balance this operational need with the importance of moving quickly and execution certainty. As a result market practice has developed Revolving Credit Facility (RCF) Establishment provisions to mitigate this challenge by agreeing up-front mechanics for bringing in a working capital provider post-closing. The legal position is now well established for this approach. However, a commercial tension remains on the super senior RCF product itself so implementation variations and the unitranche/SSRCF structure that had become the norm are being tested.
22 NOV 2025Faced with a challenging deal-making environment, volatile geopolitical backdrop and rising cost of capital, dealmakers are increasingly concerned about risks inherent to closing mechanics of complex acquisitions. In acquisition finance there is scrutiny to ensure committed funds arrive on time and utilisation mechanics adapt to facilitate funds flow and not vice versa. In this article Nick O’Grady, Philippe Bernier-Cormier and Gabby White from Baker McKenzie’s leveraged finance team look at developments in pre-funding structures and documentation in both the syndicated and private credit markets.
31 MAY 2024