January 22, 2018

How Letters of Credit Can Stall Mergers

Philadelphia partners Jill Bronson and Eirik Tellefsen authored an article for CFO titled “How Letters of Credit Can Stall Mergers.” The article reminds parties to mergers and acquisitions that a company’s letters of credit (LCs) should not be overlooked, since they can stall a purchase agreement that is near closing.

To combat potential problems incurred by LCs, Jill and Eirik recommend four ways buyers and sellers can deal with them. The examples they highlight include working with the beneficiary, providing a back-to-back LC, depositing cash with the target’s bank on the closing date, and working with the target’s bank and the buyer’s bank to bring the target’s LCs into the buyer’s credit facility.

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.

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