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Funding Plan Advisory for New York Based Cross Border Sports Investment



A comprehensive funding plan is essential for any cross border acquisition involving a New York investment entity, especially when the transaction concerns high value interests in overseas sports clubs. 

 

In this case, our legal team advised a financial institution specializing in sports sector investments as it sought to secure a substantial ownership stake in a overseas football club.

 

The client required a funding plan that not only supported the acquisition structure but also minimized financial and contractual exposure under New York law.


Through careful coordination among transactional, regulatory, and financing teams, we delivered a framework that enabled the investor to proceed confidently while complying with all applicable legal standards.

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1. Funding plan | Structuring a Compliant Capital Framework


Funding plan Structuring a Compliant Capital Framework

 

 

The initial stage required a clear assessment of how the funding plan should align with New York financing regulations and foreign investment rules. 

 

Our team analyzed the structure of incoming capital, repayment obligations, and collateralization requirements to ensure a compliant and efficient model.


This allowed the investor to evaluate acquisition feasibility while reducing risks tied to lending terms, cross border remittance, and local club governance rules.



Structuring Acquisition Capital


We developed a multi layered funding plan structure that clearly delineated senior financing, equity contributions, and contingent capital.

 

• Identified New York lending restrictions applicable to cross border transactions

 

• Assessed enforceability of security interests under Article 9 of the UCC

 

• Reviewed guarantees and indemnities to ensure compliance with New York precedent

 

• Allocated financial risk based on investor exposure and operational realities



Contractual Safeguards and Funding Timelines


To strengthen the funding plan, we built contractual mechanisms that governed capital calls, payment sequencing, and drawdown triggers.


This included provisions addressing delayed closing, FX fluctuations, and external regulatory approvals required for overseas sports club acquisitions.



2. Funding plan | Ensuring Regulatory and Contractual Certainty


Because the investment involved a foreign football entity, we examined how the funding plan interacted with both New York obligations and the target country’s regulatory ecosystem.


This dual jurisdiction review enabled us to build an integrated strategy that aligned financing certainty with licensing and governance standards abroad.



Cross Border Regulatory Review


The funding plan included an analysis of:

 

• Restrictions on foreign ownership of sports clubs

 

• Disclosure obligations under New York regulatory requirements

 

• Anti money laundering (AML) compliance for large outbound capital transfers

 

• Structuring methods to preserve investor control without violating local rules



Risk Adjusted Funding Mechanisms


To mitigate exposure, we incorporated downside protection tools such as staged funding tranches, mandatory pre closing audits, and material adverse change clauses tied directly to club financial data.


These enhancements ensured that the investor could halt or modify funding if unforeseen risks emerged.



3. Funding plan | Financial Risk Assessment and Safeguards


Funding plan Financial Risk Assessment and Safeguards

 

 

A core component of the funding plan was evaluating how financial obligations would be allocated over time. Our attorneys coordinated with financial analysts to stress test projected revenues, capital recovery models, and long term club valuation scenarios.


This ensured that the acquisition model remained sustainable even under market volatility.



Cash Flow and Solvency Analysis


We prepared detailed assessments of the club’s existing liabilities, operational cash flow, and potential regulatory penalties.


The funding plan incorporated reserve requirements, liquidity thresholds, and lender protection covenants to maintain solvency protection for the investor.



Compliance With New York Lending Norms


Since New York law governed much of the financing, we reviewed the enforceability of:

 

• Promissory notes

 

• Security agreements

 

• Intercreditor arrangements


The funding plan ensured that all such instruments would be recognized in New York courts and complied with governing law provisions.



4. Funding plan | Execution Support and Closing Assistance


After building the structure, we guided the investor through negotiations, due diligence review, and final execution of the funding plan.


Our attorneys coordinated communications between the financial institution, foreign counsel, and club administrators to finalize documents and secure timely funding.



Negotiation and Transaction Management


We oversaw the negotiation of financing terms, closing conditions, and contingency arrangements.


The finalized funding plan provided the investor with full visibility into obligations, timelines, and enforcement mechanisms.



Successful Completion and Post Closing Stability


The acquisition closed smoothly due to the stability of the funding plan, enabling the investor to acquire the intended stake without delays or unexpected liabilities.


Post closing, we continued advising on compliance monitoring and revenue protection strategies.


20 Nov, 2025


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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