Capital Raising

Advising Lenders

We are experienced in advising lenders on the legal aspects of mining project financing, including senior, mezzanine, subordinated and convertible debt together with more traditional corporate debt financing arrangements. We can also advise on bridge financing and other credit facility arrangements. We have also assisted listed and private companies and financial institutions on debt purchases. Lenders tend to be more risk adverse than straight equity investors. We regard the assessment of legal risk to be the principal duty we owe to our clients as their having a thorough understanding of a project's risk profile is a prerequisite to their becoming involved in a particular mining project.

Charltons can assist lenders by:

  • Advising on the proposed project structure (including where applicable SPVs established to facilitate debt arrangement)
  • Advising on the primary financing documents
  • Conducting due diligence
  • Advising on the provision of security and/or reviewing or drafting security documents as required
  • Advising on insurance arrangements and review of insurance documentation
  • Advising on the legal aspects of life of mine plans and development plans
  • Advising on hedging arrangements
  • Drafting and/or reviewing of off-take agreements, infrastructure agreements, construction agreements, equipment agreements, operating agreements, maintenance agreements, and product purchase agreements