Legal Update Archive

LEGAL UPDATES
Benchmark Rate Reform: Orderly Transition or Potential Chaos?

Benchmark Rate Reform: Orderly Transition or Potential Chaos?

In the wake of several widely reported LIBOR and other benchmark rate manipulation scandals reflected in headline-grabbing stories...

Collateralized Fund Obligations: A Primer

Collateralized Fund Obligations: A Primer

Collateralized fund obligations (“CFOs”) emerged in the early 2000s as a means of applying securitization techniques developed for...

Subscription Credit Facilities: Certain ERISA Considerations

Subscription Credit Facilities: Certain ERISA Considerations

A subscription credit facility (a “Facility”), also frequently referred to as a capital call facility, is a loan...

Todd N. Bundrant, Lennine Occhino, Erika Gosker
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
Sovereign Immunity Analysis in Subscription Credit Facilities

Sovereign Immunity Analysis in Subscription Credit Facilities

Subscription credit facilities (a "Facility") are a popular form of financing for private equity and similar investment funds ("Funds").

Mark C. Dempsey, Laura M. Watson
Enforceability of Capital Commitments in a Subscription Credit Facility

Enforceability of Capital Commitments in a Subscription Credit Facility

A subscription credit facility (a “Facility”), also frequently referred to as a capital call facility, is a loan...

Mark C. Dempsey