News & Analysis as of

Debt Risk Management

Cadwalader, Wickersham & Taft LLP

Debt by Design, June 2025 - Permitted Indebtedness

Before a subscription lender can enter into a subscription credit facility with a fund, the subscription lender will need to review the limited partnership agreement (“LPA”) of such fund to confirm the LPA allows for...more

Crunched Credit

James Carville Was Right:  It’s Good to be King - Life as the Puissant Bond Market

Crunched Credit on

Those Bond villains got it so wrong. All the time and energy they spent trying to control the world through complex and nefarious schemes involving laser beams, atom bombs, Fort Knox gold, exploding satellites and whatever...more

White & Case LLP

Net asset value finance gains ground with infrastructure managers

White & Case LLP on

The increase in the use of fund finance by private equity is carrying over into the infrastructure fund space, with managers using net asset value and back-leverage facilities to unlock liquidity for investors and portfolio...more

IR Global

Late Payment Support – How to Protect Your Cash Flow

IR Global on

Late Payment Support for Small Businesses – How to Protect Your Cash Flow - Cash flow is the backbone of any small business, yet late payments continue to be a major challenge for entrepreneurs across the UK. According to...more

Hogan Lovells

2025 NAV Facilities Outlook: Evolving Applications and Best Practice Considerations

Hogan Lovells on

In an increasingly upbeat M&A market, use cases could grow for this popular and dynamic fund finance product. Net asset value (NAV) financing became firmly established as a core fund financing tool in the last few years as...more

ASKramer Law

Business Taxation of Hedging Transactions Part II: Common Situations

ASKramer Law on

What is the “tax character” of a hedge? A taxpayer receives ordinary gain or loss on qualified hedges that have been properly identified in accordance with Treasury Regulation § 1.1221-2. This allows a taxpayer to ensure that...more

Morrison & Foerster LLP

OCC Issues Guidance on Venture Lending

Morrison & Foerster LLP on

On November 1, 2023, the Office of the Comptroller of the Currency (OCC) issued detailed guidance (the Bulletin) to national banks and federal savings associations addressing risk management standards and safe and sound...more

Foley & Lardner LLP

The Future of Venture Debt

Foley & Lardner LLP on

Cash is the lifeblood of any business. Venture-backed companies without a financial history or proven track record are often unable to qualify for a more traditional loan with a big bank. Historically, venture-backed...more

Troutman Pepper Locke

Private Equity Perspectives: Episode Two – The Shifting Market for Buyers

Troutman Pepper Locke on

As changing market conditions and geopolitical risks continue to pose challenges for dealmakers, it can be difficult to identify and capitalize on opportunities. In this series, members of Troutman Pepper's Private Equity...more

Bilzin Sumberg

Corporate Debt: Still Growing, and Still a Concern

Bilzin Sumberg on

As the pandemic began unfolding about a year ago, we wrote about the risk that the high volume of corporate debt might make it the next market bubble to burst. The issuance of corporate debt only accelerated in 2020 compared...more

Best Best & Krieger LLP

Best in Law: Take Some Time with Your Minute Book

BB&K Business Attorney Brian Reider Discusses the Importance of Minute Books in the Southern California Newspaper Group - Looking back at the year, one recurring theme emerges with corporate clients and their...more

King & Spalding

TRANSACTIONAL: Project Development/Finance: Key Considerations in Energy Take-or-Pay Contracts

King & Spalding on

Perhaps the most common type of off-take contract in a large scale energy project is the take-or-pay contract. A properly constructed take-or-pay contract provides the seller with an assured revenue stream that ensures an...more

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