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Cadwalader, Wickersham & Taft LLP

Summer Reading: CRD VI, August 2025 - Cayman Ultimate General Partners In Subscription Facilities: Do They Ultimately Matter?

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In subscription finance transactions where the borrower or another pledgor entity (such as a feeder fund or guarantor) is a Delaware limited partnership or a Cayman Islands exempted limited partnership (ELP), the role of the...more

Mayer Brown

Subscription Finance: Cascading Pledges

Mayer Brown on

Cascading pledges are frequently used in subscription finance to avoid legal impediments, avoid tax implications and mitigate prohibited transaction risk under the Employee Retirement Income Security Act of 1974, as amended...more

Hahn Loeser & Parks LLP

Using Private Capital for Commercial Real Estate Development

Hahn Loeser & Parks LLP on

The tightening in lending standards experienced over the last year is attributable to factors beyond credit quality of borrowers and lenders’ concentration in credit risk in CRE, namely: (1) lenders’ expectation...more

Cadwalader, Wickersham & Taft LLP

Reliable Expectations May 2024 - Investors, We're Relying on You

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Delaware remains the most popular jurisdiction for the domestic formation of private equity and venture capital funds (a “Fund”) as either a limited partnership or limited liability company.  In fact, 54.8% of the deals...more

Hogan Lovells

Subscription line fraud and its impact on private equity

Hogan Lovells on

Those involved in the private equity industry will have seen the recent reports of an alleged fraud on a U.S. bank by a Florida-based private equity fund manager, the accusation being that subscription agreements with LPs, as...more

Cadwalader, Wickersham & Taft LLP

It’s My Equity, and I’ll Pledge If I Want To

Cadwalader, Wickersham & Taft LLP on

Most limited partners (“Investors”) in a private equity fund (“Fund”) understand the basics of the collateral package in connection with a subscription credit facility, which typically involves a pledge by a Fund and its...more

Ward and Smith, P.A.

Look Before You Sign … the Pitfalls of Personal Guaranties

Ward and Smith, P.A. on

Limited liability protections afforded by various corporate, limited liability, or limited partnership laws normally insulate business owners from personal liability for their business's debts. However, lenders routinely...more

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