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Legal Update Archive

LEGAL UPDATES
Fund of Funds Financing: Secondary Facilities for PE Funds and Hedge Funds

Fund of Funds Financing: Secondary Facilities for PE Funds and Hedge Funds

Real estate, buyout, infrastructure, debt, secondary, energy and other closed-end funds (each, a “Fund”) frequently seek to obtain...

Todd N. Bundrant, Mark C. Dempsey, Ann Richardson Knox
Lending to Single Investor Funds: Issues in Connection With Subscription Credit Facilities

Lending to Single Investor Funds: Issues in Connection With Subscription Credit Facilities

As the subscription credit facility market continues to experience steady growth, lenders seek to expand their lending capabilities beyond traditional subscription credit facilities to commingled private equity investment vehicles (“Funds”).

Mark C. Dempsey, Claire Gibson Ragen
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
Leveraged Loan Regulatory Uncertainty Presents Opportunities for Direct Loan Funds

Leveraged Loan Regulatory Uncertainty Presents Opportunities for Direct Loan Funds

The appetite of institutional investors for yield continues in the current low interest rate environment and has created...

Ann Richardson Knox
Enforceability of (Debt) Capital Commitments

Enforceability of (Debt) Capital Commitments

A subscription credit facility (a “Facility”) is an extension of credit by a bank, financing company, or other...

Matthew A. McDonald
Beginner’s Glossary to Fund Finance

Beginner’s Glossary to Fund Finance

The following glossary is intended to serve as a reference tool for those that are new to the...

Mark C. Dempsey
Feeder Funds

Feeder Funds

A feeder fund (“Feeder”) is an investment vehicle, often a limited partnership, that pools capital commitments of investors...

Mark C. Dempsey, Jonathon R. Rosaluk, Matthew A. McDonald
Infrastructure Funds Update

Infrastructure Funds Update

Among private investors, the term “infrastructure” denotes a wide range of physical assets that facilitate a society’s principal...

Limitations on Lender Assignments To Competitors In Subscription Credit Facilities and Other Fund Financings

Limitations on Lender Assignments To Competitors In Subscription Credit Facilities and Other Fund Financings

In a typical syndicated credit facility, the lenders are generally prohibited from assigning their rights and obligations under...

Developing Side Letter Issues

Developing Side Letter Issues

Introduction A subscription credit facility (a “Facility”) is an extension of credit by a bank, financing company, or...

Mark C. Dempsey