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 -
There is a spectrum of potential financing structures for a private credit fund (a “Credit Fund”) to obtain liquidity, including at various levels in the fund structure, such as at the fund level or by...more
4/8/2025
/ Capital Markets ,
Collateral ,
Credit ,
Credit Funds ,
Debt ,
Financing ,
Investment Funds ,
Investment Management ,
Investment Portfolios ,
Lenders ,
Liquidity ,
Loans ,
Private Equity Funds ,
Securitization
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
Recallable capital has become an increasingly common concept in subscription credit facilities. In this Legal Update, we explain the concept of recallable capital and its role in subscription credit facilities, as well as...more