News & Analysis as of

Lenders Private Equity

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

J.S. Held

Maintaining Private-Equity Involvement and Funding When Their Initial Investment Is Underwater

J.S. Held on

Private-equity (PE) involvement in distressed companies has grown more complex than ever. As market headwinds persist, performance deteriorates, valuations shrink or a company faces a wall of debt maturities, turnaround...more

Loeb & Loeb LLP

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

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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

Allen Matkins

Veering in the Direction of a Turnaround

Allen Matkins on

There hasn’t been much good news for the office sector for several years, but positive sentiment is picking up. While there are a few California markets with a negative outlook, there has been marked improvement in San...more

Offit Kurman

Deal Flow Thawing: Is the M&A Market Finally Finding Its Footing?

Offit Kurman on

After a rocky past six months, there is cautious optimism that merger and acquisition (M&A) activity is beginning to unfreeze. For much of the past year, there have been mismatched expectations around valuations and limited...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

Troutman Pepper Locke on

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

Seward & Kissel LLP

Mayday, Mav’s in Trouble and Missing Linq

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Maverick Gaming, which owns 5 Nevada casinos, files for bankruptcy | The Nevada Independent - The Washington-based casino and card-room operator filed for Chapter 11 bankruptcy in the Southern District of Texas on Monday....more

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

DLA Piper

2025 Private Credit Technology Summit: Perspectives from the Industry

DLA Piper on

Technology’s role in private credit is expanding, with digital tools, data management, and artificial intelligence (AI) reshaping underwriting, portfolio monitoring, and reporting processes....more

DLA Piper

Private Credit Market Trends: Insights From the Debtwire Private Credit Forum

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Several members of DLA Piper’s Private Credit team recently attended the Debtwire Private Credit Forum, which brought together industry participants for in-depth discussions concerning the current landscape and future trends...more

Proskauer - Regulatory & Compliance

House of Lords Launches Inquiry into Growth of UK Private Markets

On 2 July 2025, the House of Lords Financial Services Regulation Committee launched an inquiry into the growth of private markets in the UK....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

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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

Goulston & Storrs PC

Rethinking Liability Management in Club Deals and Direct Lending: Lessons from the Fifth Circuit’s Serta Ruling and Beyond

Goulston & Storrs PC on

On December 31, 2024, the Fifth Circuit Court of Appeals (the “Court”) struck down the controversial 2020 “uptier transaction” executed by Serta Simmons Bedding (“Serta”). The Serta case and several other state court and...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

White & Case LLP

Private credit leans on PIK flexibility in competitive market

White & Case LLP on

In the face of intensifying competition from the broadly syndicated loan market, private credit lenders are leveraging their ability to provide payment-in-kind flexibility to secure deals - Private credit lenders in the US...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

White & Case LLP on

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

Pillsbury - Gravel2Gavel Construction & Real...

Resilience: Unlocking Private Debt for Energy and Infrastructure | Episode 6

In the newest episode of Resilience, Pillsbury’s Shellka Arora-Cox and Brookfield Asset Management’s Brian Callahan discuss one of the most dynamic corners of the energy and infrastructure market: private debt....more

Proskauer Rose LLP

Private Credit Deep Dives – What to do following an Event of Default in a consensual setting (Europe)

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Over the past year, we have seen a significant increase in Events of Default (each, an “EoD”) arising from financial underperformance. This trend is largely driven by the high interest rate and inflationary environment, with...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

White & Case LLP

Stop right there – intercreditor standstills that grind to a halt

White & Case LLP on

Standstill periods in private credit intercreditor agreements don't get much attention – they exist to allow senior lenders time to take enforcement action before super senior lenders can step in. But if you're not careful,...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

Fox Rothschild LLP

Franchise Times Dealmakers Predict Cloudy Forecast for Franchise M&A in 2025

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Last month, Franchise Times held its annual “Dealmakers Week” where it offers a series of webinars with top franchise dealmakers to discuss the year’s biggest franchise deals and industry trends. The week included a...more

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