TYPICAL CONDITIONS PRECEDENT/SUBSEQUENT FOR FINANCING INVOLVING A LUXEMBOURG ENTITY

We are happy to announce the release of the Luxembourg CP/CS checklist for financing transactions (“FPE Financing Checklist”), prepared by the experts from LPEA Financing in PE Working Group (“FPE WG”) after months of collaboration and input from market participants. The FPE Financing Checklist is a document drafted by the FPE WG (in their individual capacity), members of the leading Luxembourg law firms, aiming to promote coordination on common practices for Luxembourg PE financing transactions.

Key objectives for the FPE Financing Checklist:

• Streamline negotiation and delivery of condition precedent (CP)/subsequent (CS) documents for the common aspects of Luxembourg financing transactions.
• Contribute to a more efficient marketplace, by reducing transactional friction and supporting both legal counsel and market participants in the negotiation of Luxembourg standard CPs/CS.
• Promote alignment across market participants by providing a well-structured and detailed starting list for drafting and negotiating complex transactions.
• Increase the transparency and accessibility of the Luxembourg legal market.
• Primarily relevant for financing transactions but also useful guidance for other types of transactions with Luxembourg parties requiring delivery of documentation related to their corporate status.