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Collateral Private Equity Uniform Commercial Code (UCC)

Cadwalader, Wickersham & Taft LLP

Back to School: Lessons in NAV Lending, September 2025 - Taking Security in NAV Lending: The SPV Pledge

When taking security over a portfolio of investments in a NAV facility, it may be difficult or costly to take security over the borrower’s investments. A common solution is to implement what we refer to as the SPV pledge....more

Troutman Pepper Locke

Ambiguous UCC Collateral Descriptions Part II: Another Snare for Private Equity Companies

Troutman Pepper Locke on

On August 20, the U.S. Bankruptcy Court for the Central District of Illinois in In re I80 Equipment, LLC, No.17-81749, 2018 WL 4006294 (Bankr. C.D. Ill. Aug. 20, 2018) held that a secured party failed to perfect its security...more

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