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King & Spalding

Can Companies Add Tariffs Back to EBITDA?

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With the recent and continually evolving tariffs announced by the current U.S. executive administration, a number of issuers, borrowers and financing parties have been asking “can those new tariffs be added back in...more

Cadwalader, Wickersham & Taft LLP

Is Cash King? Deferred Consideration and Specie/in-Kind Transactions in the Context of Private Equity NAV Financings

Net asset value (NAV) facility documentation, at least in the context of private equity, has evolved to a large extent on the assumption that borrower funds will usually execute transactions in cash - paying cash on...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

Akin Gump Strauss Hauer & Feld LLP

2025 Perspectives in Private Equity: Private Equity Finance

After a subdued 2023 during which it was challenging for private equity (PE) to raise debt financing as a result of elevated interest rates and a difficult syndicated lending market, 2024 featured a material shift in the...more

White & Case LLP

European leveraged finance: A market reawakened

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European leveraged finance markets back on track -European leveraged finance markets rallied strongly in 2024, with momentum for new deals and opportunities for borrowers and lenders alike in 2025 - Europe's leveraged...more

Cadwalader, Wickersham & Taft LLP

Navigating Transfers January 2025 - Investor Transfers: Lender Considerations in an Everchanging Fund Finance Market

Although transfers by investors of their interests in a fund have always been a feature of subscription / capital call facilities, as of late, there has been a palpable uptick in investor transfers and this trend is set to...more

Crunched Credit

A Modest Proposal Concerning A Grand Bargain For Our Business 

Crunched Credit on

Let me begin with an apology for not being in print for a while.  All that Ho-ho-ho-ing and a lot of mulling over this particular commentary is to blame.  Today, with writer’s block behind me, this commentary is about...more

White & Case LLP

US borrowers capitalize on repricing window

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Repricing issuance in US leveraged loan markets has surged in 2024, presenting borrowers with the opportunity to lower their financing costs - US loan repricing activity has approached near-record levels in 2024, with...more

Goulston & Storrs PC

Different Sectors, Same Page

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I recently attended the IMN Distressed CRE Forum in New York, alongside my colleagues Brian Cohen, Zev Gewurz and Doug Rosner.  It was great to connect with and hear from people across many different places in the industry,...more

Cadwalader, Wickersham & Taft LLP

Clearing the Hurdle, September 2024 - Hurdling Into the Borrowing Base

As was briefly touched upon in a prior Fund Finance Friday article “Borrowing Base/Coverage Ratio Approaches in Subscription Finance Facilities,” a subscription facility which uses the borrowing base approach looks at each...more

IR Global

Could an interest rate reduction reduce government expenditure?

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A 1% reduction in the Bank Rate would reduce the UK government's annual interest charges on the national debt, but the exact amount of the reduction depends on the proportion of the debt that is sensitive to changes in...more

White & Case LLP

Refinancing surge reenergizes US and European loan markets

White & Case LLP on

Leveraged loan activity in the US and Europe sprang back to life in H1 2024, with both markets enjoying near-triple-digit increases in issuance. In the US, overall issuance surged 95.7% from US$461 billion in H1 2023 to...more

Tonkon Torp LLP

Covenants in Development Financing – What to Expect

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Loan financing is a cornerstone of real estate development. It’s a rare project that has captive capital to finance the entire project, and many investors expect that their contributions will be leveraged with debt financing....more

White & Case LLP

The US syndicated loan market shows signs of recovery

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During Q1 2024, borrowers returned to the US syndicated market to reprice costly private credit facilities - The US syndicated loan market has seen an uptick this year, with banks proactively pitching deals to win back...more

Proskauer Rose LLP

Understanding the Increasing Use of Holdco NAV Loan Structures

Proskauer Rose LLP on

While the market for NAV financings—loans to funds supported by the net asset value of their portfolios—grew in 2023 and continues to rapidly evolve, a consensus has developed around what is sometimes referred to as a “Holdco...more

Cadwalader, Wickersham & Taft LLP

Welcome to 2024: CWT’s European Fund Finance Market Insights - 2024 European Fund Finance Market Predictions

The year 2023 presented the fund finance industry with many challenges that it rose to face with an inventiveness and rigour that showed just how mature and multi-faceted the market has become. At Cadwalader in London we saw...more

Seward & Kissel LLP

Net Asset Value Credit Facilities: Key Issues And The Current Market

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Net asset value based credit facilities (“NAV Facilities”) are credit facilities pursuant to which the availability thereunder is based on the net asset value of the investments of the borrower, typically a private fund. The...more

Orrick, Herrington & Sutcliffe LLP

Kirschner Court Adopts Fact Specific Analysis to Conclude That Loans Are Not Securities

The United States Court of Appeals for the Second Circuit recently affirmed the 2020 Kirschner v. JP Morgan Chase Bank, N.A. ruling that a secured $1.775 billion syndicated term loan to Millennium Laboratories LLC...more

White & Case LLP

Subdued macro conditions shelve major loan activity

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Loan issuance across all major jurisdictions saw year-on-year double-digit declines during the first half of 2023, as high inflation and rising interest rates continued to weigh on loan activity The first half of 2023 has...more

Paul Hastings LLP

Market Intersection: A Quarterly Look at the U.S. Credit Markets 1Q23

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General market unease in the first fiscal quarter of 2023 was evident. The back-to-back collapse of two regional banks spooked investors and the effects of two federal rate increases rippled through the market. Uncertainty in...more

White & Case LLP

Private equity sponsors intensify focus on flexibility in portfolio company loan...

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As leveraged loan markets have been impacted by a challenging macroeconomic environment, private equity sponsors are sharpening their focus on flexibility in their portfolio companies’ loan documents Given the sharp...more

Skadden, Arps, Slate, Meagher & Flom LLP

Convertible Notes, Accelerated Share Repurchases and Other Equity-Linked Instruments: Challenges and Opportunities in 2023

Increased volatility and reductions in asset values in the equity markets, coupled with rising interest rates and a slowing macroeconomic environment, have affected a wide range of equity-linked products. Continuation of...more

White & Case LLP

Term loan A debt is back in fashion

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Term loan A debt is back in the spotlight as borrowers look for financing alternatives in an increasingly volatile institutional loan market - As the market for term loan B (TLB) financing becomes choppier in the face of...more

Cadwalader, Wickersham & Taft LLP

Breaking Bad - May 2022 | Issue No. 176 - Assessing ‘Bad Acts’ Risk in NAV Facilities (Part 1 of 2)

One aspect of NAV loans that lenders often focus on is the risk of “bad acts” by a borrower with respect to the investments that underpin the loans. For our purposes, NAV loans are loans to alternative investment entities...more

Alston & Bird

Non-performing Loans Through the ESG Looking Glass: Applying ESG Considerations to the Creation of a New Type of Investment...

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The call from investors for lenders and borrowers to embrace environment, social, and governance (ESG) is too loud to ignore. Our Finance and Financial Restructuring & Reorganization Groups explore why a marriage of the NPL...more

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