News & Analysis as of

Lenders Investment Funds

Cadwalader, Wickersham & Taft LLP

In Our Back to School Era, August 2025 - Taylor Swift and Fund Finance

With her latest album announcement last week, she has taken over headlines everywhere, again, so why not Fund Finance Friday? From her three-and-a-half-hour long concerts on her recent Eras tour (149 dates in 51 cities across...more

Haynes Boone

Fund Finance Insights: Prevalence of Concentration Limit Holidays

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Introduction - Concentration limits are a familiar risk-management tool for lenders in subscription line facilities. By capping the amount of borrowing base credit that can be attributed to any single investor or group of...more

Cadwalader, Wickersham & Taft LLP

Summer, Sun, Sand and Sensitive Information, August 2025 - Balancing Lender and Borrower Confidentiality Interests

Confidentiality provisions in subscription credit facilities have always served a central purpose – protecting sensitive fund and investor information. These provisions have grown more detailed, more prescriptive, and, for...more

Walkers

The rise of private credit platforms in the Middle East: Structuring scalable lending through Cayman Island SPCs

Walkers on

Private credit is no longer a niche asset class in the Middle East. Amid bank retrenchment, regulatory shifts and increasing institutional appetite for non-correlated yield, private credit has moved to the mainstream. As...more

Loeb & Loeb LLP

Inside Fund Finance: Trends, Challenges and What’s Next

Loeb & Loeb LLP on

Loeb Finance partner Peter Beardsley gives an insider perspective on the world of fund finance, with insights into the rise of hybrid and net asset value (NAV) facilities, the increasing role of high net worth and retail...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

Troutman Pepper Locke

Private Credit Funds as Key Lenders in Subscription and NAV Lines: Market Insights

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Private credit funds (PCFs) are emerging as key players in the subscription and net asset value (NAV) line market, significantly impacting fund financing. Regulatory changes, economic trends, and strategic innovations are...more

Troutman Pepper Locke

Evolving Dynamics in Subscription Line Lending: The Role of Private Credit Funds and Traditional Banks

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The landscape of subscription line lending is undergoing significant transformation, with both private credit funds (PCFs) and traditional banks playing crucial roles. PCFs, which pool capital from institutional and...more

Cadwalader, Wickersham & Taft LLP

Summer NAVigation, July 2025 - No Date, No Problem: Cayman Court Affirms Pre-Signed Share Transfer

As the NAV and Hybrid worlds continue to grow, the granting of security over shares in Cayman companies is becoming a more common feature of deals. One of the most frequent questions we hear from deal teams is why Cayman...more

Cadwalader, Wickersham & Taft LLP

Midyear Look: Retail Capital Rising, July 2025 - Retail Investors: Challenges and Opportunities in Subscription Finance

The growth of High Net Worth Individual (“HNWI”) allocations to alternative investments is a hot topic in fund finance. In what is widely acknowledged to be a challenging fundraising environment, fund managers have focused...more

Mayer Brown

Crafting Credit Facilities For Defined Contribution Plans

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INTRODUCTION - Over the past 50 years, the retirement landscape has steadily shifted from defined benefit (DB) pension plans to defined contribution (DC) plans. In fact, as of the fourth quarter of 2024, private sector DC...more

King & Spalding

The Evolving Face of Finance: The Rise of Private Credit in Real Estate

King & Spalding on

This is our third client briefing in our “Evolving Face of Finance” series which considers private credit’s emergence in the real estate sector in the Middle East and which follows on from our previous client briefing on...more

Cadwalader, Wickersham & Taft LLP

Quarter End Fireworks, June 2025 - In the News: (Potentially) Taking Revenge Through Tax

As we power through what remains of this quarter, working to get deals closed before quarter end next week, you may have noticed some additional (and new!) blacklining in the tax section of your credit agreement thanks to a...more

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

Mayer Brown

Subscription Finance: Cascading Pledges

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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

Mayer Brown Free Writings + Perspectives

BDC Facts & Stats - June 2025

In recent years, non-bank lending to private equity-owned, small- and middle-market companies has increased significantly. Within this growing sector, private and non-traded BDCs have outperformed other non-bank lenders in...more

White & Case LLP

Margin loans come to private markets

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At a time when sponsors are holding onto assets longer than expected, margin loans in private markets are providing a valuable channel of liquidity- Drawn out hold periods and low exit volumes have put liquidity at a...more

Cadwalader, Wickersham & Taft LLP

Back in Rotation, June 2025 - Return of Portable Alpha Strategies

In the past few years we have seen a resurgence of the use of portable alpha strategies tied to hedge fund investments (and the financing arrangements that accompany them), a trend that this old-timer last encountered more...more

Cadwalader, Wickersham & Taft LLP

From Big Ben to the Big Apple, June 2025 - Westminster Meets Wall Street: U.S. Law Considerations in English Law Facilities...

Fund finance is and always has been by nature a cross border enterprise. While there are a number of lenders that we represent in the United States that lend to funds exclusively organized in the U.S.– typically in Delaware –...more

White & Case LLP

Delayed-draw facilities: A key differentiator in a competitive market

White & Case LLP on

Competition between the private credit and broadly syndicated loan (BSL) markets is intensifying, with developments on both sides blurring the distinctions between the two products. One of these distinctive features is the...more

Mayer Brown

Advantages of Express LPA Third-Party Beneficiary Provisions for Subscription Credit Facility Lenders

Mayer Brown on

An express third-party beneficiary provision running in favor of a lender in a fund’s limited partnership agreement (an “LPA”) is helpful for subscription credit facilities. It bolsters the rights and remedies of a...more

Cadwalader, Wickersham & Taft LLP

The FoHF Financing Playbook, May 2025 - EU Jurisdictional-Clause Gymnastics – The Enforceability of Asymmetric Jurisdiction...

A recent decision of the Court of Justice of the European Union (the EU’s highest court) has clarified some of its views on ‘asymmetric jurisdiction clauses’. An asymmetric jurisdiction clause is one that allows one party...more

Cadwalader, Wickersham & Taft LLP

The FoHF Financing Playbook, May 2025 - FoHF Security

A lot of attention and press has been given to market volatility this year, including its impact on the fund finance industry. There is at least one sector of the fund finance industry that stands to benefit from this...more

McDermott Will & Schulte

Key Takeaways | Deploying Sponsor Capital: Tactical Financing Moves for Portfolio Companies

During this session, the panelists explored whether portfolio company support should come from the sponsor or lenders when portfolio companies require additional funding. They discussed when to deploy sponsor-backed financing...more

White & Case LLP

Key Insights from the LSTA and DealCatalyst 4th Annual Private Credit Industry Conference on Direct Lending

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On May 12 and 13 2025, the Loan Syndications and Trading Associations held its fourth annual private credit industry conference in Nashville, Tennessee—the speakers of which included industry professionals from direct lending...more

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