An express third-party beneficiary provision running in favor of a lender in a fund’s limited partnership agreement (an “LPA”) is helpful for subscription credit facilities. It bolsters the rights and remedies of a...more
6/3/2025
/ Beneficiaries ,
Contract Terms ,
Creditors ,
Investment Funds ,
Lenders ,
Limited Partnership Agreements ,
Limited Partnerships ,
Loans ,
Private Equity ,
Private Equity Funds ,
Third-Party
EXECUTIVE SUMMARY -
Subscription credit facilities rely on the obligations of investors to a private investment fund (“Fund”) to contribute their capital commitments to the Fund when called. From a subscription credit...more
2/26/2025
/ Breach of Contract ,
Capital Markets ,
Consumer Financial Products ,
Contract Terms ,
Credit Facilities ,
Creditors ,
Financial Services Industry ,
Investment Funds ,
Investors ,
Lenders ,
Limited Partnership Agreements ,
Loan Agreements ,
Loans ,
Private Equity ,
Private Equity Funds ,
Risk Management
Executive Summary -
Net Asset Value (“NAV”) credit facilities are a tool that borrowers may use to access financing based on the value of their underlying investment portfolio. The users of these facilities are generally...more
8/2/2024
/ Borrowers ,
Collateral ,
Credit Facilities ,
Financial Institutions ,
Financial Services Industry ,
Financing ,
Investment Funds ,
Investment Management ,
Investment Portfolios ,
Lenders ,
NAV ,
Private Equity Funds ,
Restrictive Covenants ,
Securities
Section 23A and Super 23A can create additional complications for lenders in the fund finance market. Intended to protect the stability of financial institutions by restricting transactions with affiliates, Section 23A and...more
6/18/2024
/ Borrowers ,
Covered Transactions ,
Credit Facilities ,
Financial Institutions ,
Financial Services Industry ,
Financing ,
Investment ,
Investment Funds ,
Lenders ,
Loans ,
Private Investment Funds