At A Glance
Background
Subscription credit facilities are extended to private equity, real estate, or similar investment funds (each, a “Fund”). This type of facility is secured by the capital commitments of the Fund’s investors, the rights of the Fund and its general partner (a “GP”) to call capital from the investors, receive capital contributions, and apply LPA remedies if investors default (collectively, the “Capital Call Rights”), and a collateral account into which capital contributions are required to be funded when called. A core right provided to a Subscription Lender under the facility’s loan documentation is to, in an enforcement scenario, call capital directly from the Fund’s investors to repay the facility without the need to first obtain further consent or cooperation from the Fund or its GP, or commence formal legal proceedings against the Fund, the GP, or the Fund’s investors.
A Fund’s and GP’s Capital...