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Legal Update Archive

LEGAL UPDATES
Fund Finance Market Review

Fund Finance Market Review

In this Spring 2018 edition of our Fund Finance Market Review, we discuss noteworthy developments in the subscription...

Kiel A. Bowen
Why Hybrid Credit Facilities Are Trending

Why Hybrid Credit Facilities Are Trending

Real estate, buyout, debt, secondary and other closed-end funds have often used subscription-backed credit facilities — also known...

Todd N. Bundrant, Ann Richardson Knox, McKay S. Harline
Practice Note on the New Cayman Island’s Beneficial Ownership Regime

Practice Note on the New Cayman Island’s Beneficial Ownership Regime

What Is The New Beneficial Ownership Regime? Under recently passed legislation (the “Regime”), Cayman Islands companies and Cayman...

Powers of Attorney in Fund Financing Transactions

Powers of Attorney in Fund Financing Transactions

Introduction A power of attorney (“POA”) is a written agreement wherein an individual or organizational person (the “principal”)...

Mark C. Dempsey, Michael P. Gaffney
Basel III And The Move Toward Uncommitted Lines Of Credit

Basel III And The Move Toward Uncommitted Lines Of Credit

Basel III, a regulatory capital framework for financial institutions, was developed by the Basel Committee on Banking Supervision...

Mark C. Dempsey
Fundraising and Subscription Facility Growth

Fundraising and Subscription Facility Growth

Fund financings experienced positive growth and strong credit performance as an asset class through the end of 2016....

Ann Richardson Knox, Kiel A. Bowen
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
Lending to Irish Regulated Funds

Lending to Irish Regulated Funds

Overview of the Irish Funds Industry Ireland is regarded as a key strategic location by the world’s investment...

The Advantages of Subscription Credit Facilities

The Advantages of Subscription Credit Facilities

The market for subscription-backed credit facilities, also known as “capital call” or “capital commitment” facilities (“Subscription Facilities”), continues to grow rapidly, expanding into a broader range of Funds,1 with constantly evolving features and mechanics.

Kiel A. Bowen, Todd N. Bundrant
Structuring a Subscription Credit Facility for Open-End Funds

Structuring a Subscription Credit Facility for Open-End Funds

A subscription credit facility (a “Facility”), also frequently referred to as a capital call facility, is a loan made by a bank or other credit institution (the “Lender”) to a private equity fund (the “Fund”).

Mark C. Dempsey, Frank Falbo, Kiel A. Bowen