News & Analysis as of

Due Diligence Lenders Financial Services Industry

Sheppard Mullin Richter & Hampton LLP

Art as Collateral: The Legal Landscape of Art-Backed Lending

Fine art was once regarded primarily as a cultural or emotional asset—meant to be displayed, appreciated, and eventually passed down through generations. But as the art market became increasingly sophisticated and intertwined...more

Cadwalader, Wickersham & Taft LLP

Chasing the Clock, July 2025 - Need an Expedited Closing? Let’s Talk About It.

The growing need for quick capital in today’s fluid investing market has led to a recent trend of requests for expedited closings with aggressive timelines and inflexible targeted closing dates. While banks certainly strive...more

Rivkin Radler LLP

[Webinar] Navigating Lender Relationships in Good Times and Bad - September 12th, 10:00 am EST

Rivkin Radler LLP on

Please join us as we discuss the intricacies of the creditor-borrower relationship and best practices to ensure a successful and profitable lending partnership....more

Cadwalader, Wickersham & Taft LLP

Liquidity in a Challenging Climate May 2024 - Financing a Continuation Vehicle – Lender Considerations

A continuation fund is an entity fund set up by a sponsor in order to purchase an asset (or assets) from an existing fund managed by that sponsor. There are a number of reasons as to why a sponsor would want to pursue this...more

Cadwalader, Wickersham & Taft LLP

Shining a Light on “Security-Lite” March 2024 - Shining a Light on European “Security-Lite” Financings

NAV facilities come in all shapes and sizes and, unlike subscription facilities, there is no standardised collateral package for these kinds of transactions. In the European market, many lenders - particularly investment...more

Paul Hastings LLP

Financing the Middleman: Traps for the Unwary When Financing an Intermediary Business

Paul Hastings LLP on

Lenders relying on a security interest in the accounts receivable of borrowers need to use caution when financing an intermediary business that could be subject to express or constructive trusts. If an intermediary business...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden’s 2023 Insights – Five Critical Areas for the Year Ahead

The pandemic’s impact may be subsiding, but businesses are encountering new challenges across the globe, including the potential for an economic retrenchment, rising interest rates, shifting regulatory and litigation...more

Miller Nash LLP

Why Does My Lender Want My Attorney to Send It an Opinion Letter?

Miller Nash LLP on

Although they have been around for many years, it is becoming more common for a commercial loan lender to require that the borrower’s counsel provide it with an opinion letter. At first blush, this may seem like an oddity:...more

White & Case LLP

Examining the ABC risks as the mining & metals sector gains critical momentum

White & Case LLP on

Key considerations around bribery and corruption risks, as the mining & metals sector is gaining critical momentum in the world's energy transition toward a low-carbon future. Mining & metals in a low-carbon world - The...more

Goodwin

OCC Proposes Rules for CRA Benchmarks and Fair Access

Goodwin on

In the News. The Office of the Comptroller of the Currency (OCC) issued a long-awaited rule seeking comment on its proposed approach to determine the Community Reinvestment Act (CRA) evaluation measure benchmarks, retail...more

Morrison & Foerster LLP

The Workout Journey: Seven Rules For The Road (Lender’s Perspective)

If the current coronavirus (COVID-19) situation persists, real estate lenders increasingly will be faced with the need to restructure loans in their portfolios. Lenders that held non-performing real estate loans during prior...more

Herbert Smith Freehills Kramer

Banking, Finance and Insurance Letter — Novembre/Décembre 2019

Challenge of the guidelines of the European Banking Authority and notice of compliance by the Prudential Supervisory and Resolution Authority (ACPR) In its notice of September 8, 2017, the ACPR stated that it complies with...more

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