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Legal Update Archive

LEGAL UPDATES
Subscription Credit Facilities: Continuation Funds

Subscription Credit Facilities: Continuation Funds

When using a subscription credit facility for a continuation fund, lenders and borrower funds should keep in mind...

Kiel A. Bowen, McKay S. Harline
The Advantages of Credit Ratings for Subscription Credit Facilities

The Advantages of Credit Ratings for Subscription Credit Facilities

More common in Europe, the prevalence of obtaining credit ratings for subscription credit facilities has increased in the...

Kiel A. Bowen, Angela M. Ulum, Alexander F. Kingsley
Subscription Finance: Alternative Currency Capital Commitments

Subscription Finance: Alternative Currency Capital Commitments

It has become increasingly common for private equity funds to accept capital commitments in multiple currencies within the...

Kiel A. Bowen, William E. Leister
The Advantages of Net Asset Value Credit Facilities

The Advantages of Net Asset Value Credit Facilities

The market for net asset value (“NAV”) credit facilities continues to grow rapidly, with evolving features and mechanics....

Kiel A. Bowen, Todd N. Bundrant, Ann Richardson Knox, Jonathon R. Rosaluk
Credit Facilities: Waiver of Consequential Damages and the Interplay with Indemnification Provisions

Credit Facilities: Waiver of Consequential Damages and the Interplay with Indemnification Provisions

Credit facility documents typically include a waiver of consequential damages and an indemnification provision. While these provisions are...

Kiel A. Bowen
Equity Commitment Letters: Understanding How They Differ from Guaranties

Equity Commitment Letters: Understanding How They Differ from Guaranties

Equity commitment letters (“ECLs”) are a type of credit support that lenders often rely on to facilitate repayment...

Kiel A. Bowen, Jonathon R. Rosaluk
Forms of Credit Support in Fund Finance

Forms of Credit Support in Fund Finance

In the fund finance market, there are a wide array of financing structures that are utilized by private...

Jonathon R. Rosaluk, Mark C. Dempsey
Subscription Credit Facilities: Concentration Limits

Subscription Credit Facilities: Concentration Limits

In a subscription credit facility, the borrowing base is typically calculated by applying reductions, commonly referred to as...

Kiel A. Bowen, Michael D. Kwasigroch, Andi M. Wilt
Default Interest Considerations in Subscription Credit Facilities

Default Interest Considerations in Subscription Credit Facilities

Default interest provisions are often included in subscription credit facilities, and there are various ways parties can handle...

Peter W. Raish, Mark C. Dempsey
Subscription Finance: Understanding Umbrella Facilities

Subscription Finance: Understanding Umbrella Facilities

In an effort to improve cost effectiveness and documentation efficiencies in the subscription finance market, participants have developed...

Kiel A. Bowen, Francis D. Joyner, William E. Leister