News & Analysis as of

Financial Institutions Credit Facilities

Cadwalader, Wickersham & Taft LLP

FFFrictions, August 2025 - FinCEN Restrictions on Certain Mexican Banks

New and significant prohibitions against financial transactions between U.S. financial institutions and three Mexican financial institutions are set to go into effect in a little over a month on September 4, 2025. In late...more

Cadwalader, Wickersham & Taft LLP

The Comfort Letter Comeback, March 2025 - Comfort Letters

In the evolving fund finance market, lenders are constantly assessing ways to mitigate risk and enhance credit support in order to provide for the smooth operation of subscription-based credit facilities. One such credit...more

Mayer Brown

The Intersection of NAV and Margin Loans: Single Asset and Concentrated Asset Pools

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Executive Summary - Over the last several years, a need has arisen in the fund finance market, which caters to private equity, venture capital, family offices, and other investment funds (“Funds”) and their sponsors, for...more

Cadwalader, Wickersham & Taft LLP

Different Yet Similar August 2024 - Borrowing Base/Coverage Ratio Approaches in Subscription Finance Facilities

The key component of any subscription credit facility is the underlying capital commitments that are pledged to secure the facility. Virtually every lender will require some level of over-collateralization – meaning, investor...more

Mayer Brown

NAV Credit Facilities: The Spectrum of Collateral Structures

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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

Mayer Brown

Subscription Credit Facilities: Understanding Shared Blockers

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EXECUTIVE SUMMARY - Private equity structures often use “blockers” to achieve certain tax benefits. In this Legal Update, we explain what blockers are, how they may be used in a subscription credit facility, and what...more

Mayer Brown

Covered Transactions and Considerations in Fund Finance

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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

Mayer Brown

Subscription Finance: Fraud as an Exclusion Event

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EXECUTIVE SUMMARY - In the evolving landscape of the subscription credit facility market, the introduction of fraud allegations by an investor against a fund as a new exclusion event marks a pivotal shift....more

Mayer Brown

HNW Feeder Funds: Considerations in Connection with a Subscription Credit Facility

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High net worth feeder funds (“HNW Feeder Funds”) have emerged as a strategic resource for private equity funds seeking additional sources of capital. The HNW Feeder Fund structure often involves a partnership between private...more

Cadwalader, Wickersham & Taft LLP

Miami Bound: See You There February 2024 - Financing Management Fees

The primary purpose of a capital call facility is to provide bridge financing to a fund borrower that may be drawn upon, in lieu of calling capital, to make investments in accordance with the fund’s business purpose. In...more

Alston & Bird

Structured Finance Spectrum - Summer 2023

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Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class...more

Holland & Knight LLP

El MHCP expide decreto por medio del cual se crean nuevas modalidades de crédito en Colombia

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El Ministerio de Hacienda y Crédito Público (MHCP) expidió el Decreto 455 de 2023, por medio del cual se crean nuevas modalidades de crédito cuyas tasas de interés deben ser certificadas por la Superintendencia Financiera de...more

Cadwalader, Wickersham & Taft LLP

Join the Party - July 2022 | Issue No. 183 - Syndication Considerations: Elements, Issues and Hot Topics for Bringing New Lenders...

As interest rates rise and a potential recession looms, we’ve seen a flight to quality as new entrants seek to participate in our fund finance market. While most deals on our books have just one lender and one fund as...more

Morgan Lewis

Dubai Financial Services Authority Enacts New Regime for Credit Funds

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The Dubai Financial Services Authority (DFSA) has implemented a new regime for credit funds, which comes into force on June 1, 2022. The new regulation primarily impacts the managers of credit funds domiciled in the DIFC, but...more

Holland & Knight LLP

Mexico's Bill to Strengthen Electronic Financial Transactions Nears Approval

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The Mexican Senate voted on May 6, 2021, to approve a bill to reform various provisions of the General of Negotiable Instruments and Credit Transactions (Ley General de Títulos y Operaciones de Crédito or LGTOC), the Federal...more

Proskauer Rose LLP

Fraud in Subscription Credit Facilities

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Recent press coverage has brought to light allegations of fraud in relation to a subscription credit facility made available to a fund managed by a Florida-based private equity fund manager, JES Global Capital. The...more

Tucker Arensberg, P.C.

How Are Credit Markets and Institutional Banks Responding to COVID-19? A Q&A Session with Nathan Agens of PNC Bank, National...

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Over the last month or so, various facets of the American economy have been quickly overwhelmed by the numerous effects of the COVID-19 pandemic. For the second interview in our series of interviews with local business...more

Nutter McClennen & Fish LLP

Nutter Bank Report: April 2020

President Signs New COVID-19 Relief Bill into Law, Funding Additional PPP Loans - The Paycheck Protection Program and Health Care Enhancement Act was signed into law by President Donald Trump on April 24, providing $484...more

Proskauer Rose LLP

Corporate Credit Facilities under the CARES Act

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On April 9, 2020, the Federal Reserve announced additional programs under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) to provide up to $2.3 trillion in loans and other investments to support the...more

Latham & Watkins LLP

US Federal Banking Agencies Introduce Further Measures to Address Continuing COVID-19-Related Risks

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The three US federal banking agencies continue to take additional steps to promote the functioning of the financial system in the face of the pandemic. The three US federal banking agencies - the Board of Governors of the...more

Latham & Watkins LLP

US Federal Banking Agencies Introduce Additional Measures to Address COVID-19-Related Risks

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The three US federal banking agencies have taken additional steps to enable the financial system to continue functioning during the pandemic. The three US federal banking agencies — the Board of Governors of the Federal...more

Cadwalader, Wickersham & Taft LLP

Subscription Credit Facilities: Misperceptions Remain Aplenty

On November 15, 2017, audit, tax and consulting firm PwC published a thought leadership piece titled: “Sub-line facilities: end of the road?” (the “Article”). While the subscription credit facility (“Subscription Facility”)...more

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