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Lenders › Loan Agreements › Financing

DLA Piper

Understanding the Impact of MOICs on MFN Provisions in Private Credit Transactions

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The Most Favored Nation (MFN) provision in a loan agreement is a lender protection mechanism that is typically seen in credit facilities permitting an uncommitted incremental facility. The MFN provision, a term originating...more

Proskauer Rose LLP

Private Credit Deep Dives - MFN

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In recent months – as credit spreads have continued to widen – sponsors, borrowers and lenders alike have frequently found themselves combing through their loan documents to check the scope of the “MFN” provisions applicable...more

Cadwalader, Wickersham & Taft LLP

The Way Forward March 2023 - Loan Assignments: Common Techniques and Key Considerations

Cadwalader, Wickersham & Taft LLP on

The past six months have been turbulent in the fund finance world. We have seen lenders in the market deal with significant capital constraints, we have seen a small amount of lenders scale back in the fund finance lending...more

Katten Muchin Rosenman LLP

California Court of Appeal Ruling Limits Application of Default Interest

Katten Muchin Rosenman LLP on

The California Court of Appeal recently ruled that California law treats default interest measured against the unpaid principal balance of a loan as an unenforceable penalty. In Honchariw v. FJM Private Mortgage Fund, LLC...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

Snell & Wilmer

Financing Real Estate Projects in Los Cabos, Mexico

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The development of real estate projects, including hotels and master planned communities in Los Cabos and other places in Mexico, commonly requires financing by banks and other institutional lenders. This article presents an...more

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