Negotiating Post-closing Deliverables and Other Post-closing Events

Summary

This practice note discusses issues that may arise once a transaction has gone "live" and the closing has occurred. Quite often, conditions precedent to closing may not be satisfied in time for the closing and will need to be modified with the consent of the secured party to be handled on a post-closing basis. These post-closing items are typically scheduled to the credit agreement or memorialized in a post-closing matters agreement for completion within the specified timelines.