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FOOTHILLS COUNTY · E-2 FIELD GUIDE

What if the asset sale closes later than expected?

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THE DIRECT ANSWER

Reassess the funding and transaction sequence before relying on the earlier plan. The effect depends on the actual commitments and conditions.

Use the documents to identify the choices

Ask the relevant advisers about extensions, alternative funding and their consequences. Do not describe a substituted loan or new escrow condition as equivalent without review. Keep the immigration step separate from the seller’s preferred closing date.

The standard answer is an escrow arrangement: the purchase agreement is signed, the price is deposited with an escrow agent, and release to the seller is conditioned on visa issuance, with the funds returned if the visa is refused. Set milestones in the order the evidence matures: confirm treaty nationality and ownership, document lawful funding, enter binding commercial commitments, and then assemble the application around the operating plan. Negotiate a diligence window into the term sheet so the subscription can be reviewed before it becomes binding, and set explicit checkpoints inside it: documents received, nationality of ownership confirmed, control rights assessed, funding route agreed. Confirm the regulator's actual ownership-change procedure before signing; establish who may lawfully perform interim work before anyone travels; settle escrow terms in writing before funds move.