You are currently accessing Latin Lawyer via your firmwide account.
If you would like to login via a personal account, please use the link below. Log in
The business law resource for Latin America
Davis Polk & Wardwell LLP
Holland & Knight LLP
Select specific jurisdictions to filter on. Alternatively select no jurisdictions and select questions below to see all jurisdiction answers for them.
Select specific questions to filter on. Alternatively select no questions and select jurisdictions above to see all question answers for them.
What was the level of debt-financed M&A in your jurisdiction in 2015? Was there any industry or sector that saw any noteworthy uptick in M&A and related financing deal activity in 2015 in your jurisdiction?
What types of investors are the most frequent sources of acquisition financing in your jurisdiction?
What types of debt instruments do you most frequently see for local acquisition financings?
What are the usual maturities and amortisation profiles of acquisition-financing credit facilities?
Are there legal, banking, currency exchange, regulatory or other considerations that favour certain sources of funds over others? For instance, mandatory reserve or deposit requirements? Do the requirements vary by type and location of investor or lender? Were there any changes in the regulatory environment in 2015 that are likely to affect M&A and related financing deal activity?
What is the withholding tax treatment of acquisition finance loans made by, and bonds purchased by, foreign investors in your jurisdiction? Were there any changes in tax laws in 2015 that are likely to affect M&A and related financing deal activity?
Are there limitations on the ability of the parties to choose a foreign law as the governing law of the financing or to select a foreign forum for dispute resolution?
Does the local insolvency regime treat lenders under an unsecured credit facility on a on a pari passu basis with all other unsecured obligations of the debtor?
Discuss the legal and practical limitations on obtaining a valid and perfected security interest. Are there any documentation formalities required by local law to make the security interest enforceable against the debtor and third parties? Is it possible to create a floating blanket lien on all of the debtor’s assets?
Does the local insolvency regime enable complex capital structures, for instance, recognising the validity of subordination of payment, subordination of liens, and other inter-creditor agreements?
If an equity investor provides some of the debt financing, do local insolvency rules afford those loans equal treatment as other (third-party) loans?
Are there any other insolvency considerations that a foreign debt-investor or lender should be aware of?
What do you expect to see in terms of market developments for acquisition financings in 2016?
Interested in contributing to Latin Lawyer Reference?
Email our Co-Publishing Manager
Copyright © Law Business Research
Company Number: 03281866 VAT: GB 160 7529 10