We work with our clients to identify the risks of a transaction through appropriate due diligence and then allocate which party will be responsible for the risk through extensive negotiations. We combine efforts with corporate or real estate counsel for the client to ensure that the purchase or sale agreement reflects the allocation of risks. We think out of the box to help our clients close the deal by incorporating environmental insurance, post-closing remediation plans, and detailed indemnity provisions. Our clients include private equity, corporations, lessors/lessees, and lenders.
In recent experience, Nijman•Franzetti LLP conducted the environmental work for the acquisition of corrugated container recycling facilities in California, the acquisition of a baking company in Illinois, and the sale of a machining business in Illinois. The firm was involved from the signing of the Letter of Intent, to retaining the consultant, to drafting and negotiating environmental provisions of the purchase and sale agreements. We also worked closely with a client to prepare a group of companies with facilities across the US and UK for eventual sale, including updating environmental reports, conducting audits and resolving outstanding environmental issues. We managed the baseline due diligence for properties that would be leased, presented due diligence results to lenders, and negotiated lease agreements and credit agreements.