Legal Update Archive

LEGAL UPDATES
Subscription Credit Facilities and the Volcker Rule

Subscription Credit Facilities and the Volcker Rule

On December 10, 2013, the federal financial agencies (the “Agencies”) approved joint final regulations (the “Final Regulation”) implementing section 619 of the Dodd-Frank Act, commonly referred to as the Volcker Rule.

Foreign Investor Capital: Collateral Enforceability and Minimization of Risk

Foreign Investor Capital: Collateral Enforceability and Minimization of Risk

Due to previous challenges in the United States fundraising market for sponsors of real estate, private equity and other investment funds (each a “Fund”), many Fund sponsors have sought to expand their sources of capital to include investors domiciled outside of the United States (“Foreign Investors”).

Infrastructure Funds Primer

Infrastructure Funds Primer

Infrastructure funds are private equity vehicles that invest in a wide range of assets—including assets that could be...

Capital Commitment Subscription Facilities and the Proposed Liquidity Coverage Ratiohi

Capital Commitment Subscription Facilities and the Proposed Liquidity Coverage Ratiohi

On November 29, 2013, the Board of Governors of the Federal Reserve System (FRB), the Office of the...

Adam D. Kanter, Kiel A. Bowen, Carol A. Hitselberger
London, Paris, Stockholm, Moscow: European PE and Fund Finance Update

London, Paris, Stockholm, Moscow: European PE and Fund Finance Update

In 2012, growth in the European PE sector, in contrast to its more vigorous US counterpart, remained pedestrian.

Winter 2014 Subscription Credit Facility Market Review

Winter 2014 Subscription Credit Facility Market Review

Capital call subscription credit facilities (each, a “Facility”) continued their positive momentum in 2013 and had an excellent...

Ann Richardson Knox
Net Asset Value Credit Facilities: An Overview

Net Asset Value Credit Facilities: An Overview

As real estate, buyout, infrastructure, debt, secondary, energy and other closed-end funds mature beyond their investment or commitment...

Subscription Facilities: Analyzing Overcall Limitations Linked to Fund Concentration Limits

Subscription Facilities: Analyzing Overcall Limitations Linked to Fund Concentration Limits

As the subscription credit facility (each, a “Facility”) market has evolved further from its real estate fund roots...

Ann Richardson Knox, Kiel A. Bowen
Separate Accounts vs. Commingled Funds: Similarities and Differences in the Context of Credit Facilities

Separate Accounts vs. Commingled Funds: Similarities and Differences in the Context of Credit Facilities

The use of managed accounts as an investment vehicle has been widely publicized of late with institutional investors...

Todd N. Bundrant
Court Rejects PBGC Position That an Investment Fund Is Part of a Controlled Group for Purposes of Pension Liabilities of a Portfolio Company

Court Rejects PBGC Position That an Investment Fund Is Part of a Controlled Group for Purposes of Pension Liabilities of a Portfolio Company

Late in 2012, in Sun Capital Partners v. New England Teamsters (“Sun Capital”),1 a federal district court in...

Maureen J. Gorman, Lennine Occhino, James C. Williams, Debra B. Hoffman, Ryan J. Liebl