Financing an offer for a public company: issues for lenders | Practical Law

Financing an offer for a public company: issues for lenders | Practical Law

An overview of issues for lenders financing an acquisition, whether by way of a bid or a scheme of arrangement, that must comply with the City Code on Takeovers and Mergers (also known as the Takeover Code or Code). This type of acquisition will often be of a public company. This note covers how the Code affects lenders financing an offer because of the Code's secrecy and certain funds provisions. It also covers financial assistance, re-registration of the target as a private company, squeezing-out minority shareholders and the timing of taking security from the target group.

Financing an offer for a public company: issues for lenders

Practical Law UK Practice Note 0-380-0625 (Approx. 39 pages)

Financing an offer for a public company: issues for lenders

by Practical Law Finance and Richard Spedding and Simon Buckingham, Travers Smith LLP
MaintainedEngland, Wales
An overview of issues for lenders financing an acquisition, whether by way of a bid or a scheme of arrangement, that must comply with the City Code on Takeovers and Mergers (also known as the Takeover Code or Code). This type of acquisition will often be of a public company. This note covers how the Code affects lenders financing an offer because of the Code's secrecy and certain funds provisions. It also covers financial assistance, re-registration of the target as a private company, squeezing-out minority shareholders and the timing of taking security from the target group.
The Code Committee of the Takeover Panel is seeking views on proposed amendments to, among other things, Rule 21 and Section 3(b) of Appendix 7 relating to the offer timetable and equality of information to competing offerors. For more information, see Legal update, Takeover Code: consultation on amendments to Rule 21 (restrictions on frustrating action).