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Legal Update Archive

LEGAL UPDATES
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
The Use of Preferred Equity in Fund Finance

The Use of Preferred Equity in Fund Finance

The current “higher for longer” interest rate environment has had a range of consequences for fund finance participants,...

Todd N. Bundrant, Mark C. Dempsey, Jakarri Hamlin
Preferred Equity: Another Option in the Fund Finance Toolkit

Preferred Equity: Another Option in the Fund Finance Toolkit

The market for private equity (PE) secondaries, or the buying and selling of pre existing PE fund interests,...

Todd N. Bundrant, Mark C. Dempsey
Analysis of the ILPA Model Fund Agreement

Analysis of the ILPA Model Fund Agreement

On October 30, 2019, the Institutional Limited Partners Association (“ILPA”) publicly released a model Limited Partnership Agreement for...

Todd N. Bundrant, Mark C. Dempsey, Ann Richardson Knox, Tram N. Nguyen, Claire Gibson Ragen, Iliana Kirova, Brian T. May
Fund Finance Market Update: NAV Credit Facilities and COVID-19

Fund Finance Market Update: NAV Credit Facilities and COVID-19

I. Introduction The outbreak of the current novel coronavirus (also known as COVID-19) has caused significant and wide-ranging disruptions...

Todd N. Bundrant, Jonathon R. Rosaluk
Fund Finance Market Update: Fund Finance in the Era of COVID-19

Fund Finance Market Update: Fund Finance in the Era of COVID-19

We hope that everyone is keeping safe and healthy in these unprecedented times. As the world adjusts to...

Ann Richardson Knox
ILPA Model Limited Partnership Agreement: Fund Finance Considerations

ILPA Model Limited Partnership Agreement: Fund Finance Considerations

To assist limited partners (“LPs”) and general partners (“GPs”) establishing limited partnership agreements (“LPAs”) for private equity funds...

Ann Richardson Knox, Todd N. Bundrant, Mark C. Dempsey
Issues for Administrative Agent to Consider

Issues for Administrative Agent to Consider

October 22, 2019 Issues for Administrative Agent to Consider By Mayer Brown In a typical syndicated credit facility,...

Subscription Credit Facilities: A Comparison of Borrowing Base Structures

Subscription Credit Facilities: A Comparison of Borrowing Base Structures

Subscription credit facilities, which are lines of credit in favor of private equity and similar investment funds primarily secured by the capital commitments of the fund’s investors, are most commonly structured using a borrowing base structure similar to other types of asset-backed loans.

Kiel A. Bowen, Todd N. Bundrant, Mark C. Dempsey, Christoper N. Ellis
Utilizing Repurchase Facilities and Related Protected Contracts as an Alternative Source for Fund Liquidity

Utilizing Repurchase Facilities and Related Protected Contracts as an Alternative Source for Fund Liquidity

Subscription-backed credit facilities (also known as “capital call” or “capital commitment” facilities, and each a “Subscription Facility”) have served as the cornerstone of the fund finance market for the past 20 years. Loan availability under a Subscription Facility is subject to a borrowing base, which is typically tied to the remaining amount of the pledged uncalled capital commitments of investors satisfying certain eligibility requirements, multiplied by an advance rate.

Todd N. Bundrant, Susannah L. Schmid, Eric M. Reilly, Monique J. Mulcare