Please enter your email to continue

Management Company & Partner Loans Legal Updates

All Management Company & Partner Loans Legal Updates
ESCs in Fund Employee Co-Investment Loan Programs

ESCs in Fund Employee Co-Investment Loan Programs

Fund sponsors may offer their employees and other investment professionals an opportunity to invest in its funds through a co-investment program, which a lender may partially finance. While co-investment loan...

Kiel A. Bowen, Mark C. Dempsey, Daniel P. Bethea
US Collateral Account Best Practices

US Collateral Account Best Practices

A key component of the collateral package for subscription-backed credit facilities (each, a “Facility”) is the security interest an investment fund (each, a “Fund”) grants to the lender(s) under a...

Mark C. Dempsey, Sean T. Scott, Massimo Capretta, Vincent R. Zuffante
Credit Facilities: Waiver of Consequential Damages and the Interplay with Indemnification Provisions

Credit Facilities: Waiver of Consequential Damages and the Interplay with Indemnification Provisions

Credit facility documents typically include a waiver of consequential damages and an indemnification provision. While these provisions are typically part of the "boilerplate" language in the relevant documents, lenders must...

Kiel A. Bowen
Management Fee Lines of Credit and Partner Co-Investment Loan Programs in a Time of Uncertainty

Management Fee Lines of Credit and Partner Co-Investment Loan Programs in a Time of Uncertainty

The outbreak of COVID-19 has caused widespread disruptions to economic activity worldwide, which has in turn impacted local and global financial markets. The fund finance market has nevertheless seen significant activity notwithstanding (or because of) COVID-19 in the first half of 2020.

Mark C. Dempsey, Vincent R. Zuffante
Partner and Employee Co-Investment Loan Programs for Private Investment Funds

Partner and Employee Co-Investment Loan Programs for Private Investment Funds

As the fund finance market continues to mature, fund-related product offerings are expanding both in number and in customization, attracting a broader array of private equity and real estate funds (“Funds”) and credit providers, and increasing the range of the financing products available to Funds and their Sponsors (“Sponsors”) beyond the traditional subscription credit facility product.

Mark C. Dempsey
Management Fee Subordination: Potential Issues with Subscription Credit Facilities and Management Fee Lines of Credit

Management Fee Subordination: Potential Issues with Subscription Credit Facilities and Management Fee Lines of Credit

A management fee credit facility (a “Management Fee Facility”) is a loan made by a bank or other financial institution (a “Lender”) to the management company or investment advisor (collectively, a “Management Company”) that is typically the sponsor (or affiliated therewith) (a “Sponsor”) of a private equity fund (a “Fund”).

Mark C. Dempsey, Jonathon R. Rosaluk, Frank Falbo
Management Fee Credit Facilities

Management Fee Credit Facilities

As part of the evolution of the fund finance market, some lenders seeking a competitive advantage have expanded their product offerings to private equity and other similar funds (a “Fund”) from traditional capital call facilities made to closed-end Funds to other financing products, including lines of credit to open-ended Funds or separate-account vehicles and net asset value facilities.

Laura M. Watson, Vincent R. Zuffante