Securities, Lenders, Financial Services Industry

Navigating the Grey Area, March 2025 - Navigating the Grey Area: Financial Covenant Amendments and the Doctrine of Purview

Cadwalader, Wickersham & Taft LLP on 3/17/2025

The doctrine of purview under English law plays a critical role in determining whether amendments to a secured facility require reaffirmation or re-execution of guarantees and security. However, when it comes to adjustments...more

Fund Finance Laws and Regulations 2025: Assessing Lender Risk in Fund Finance Markets (GLI chapter)

Carey Olsen on 1/28/2025

Carey Olsen have contributed to the Global Legal Insights – Fund Finance guide by authoring a chapter on assessing lender risk in fund finance markets. As the fund finance market continues to evolve, lenders will need to...more

NAV Credit Facilities: The Spectrum of Collateral Structures

Mayer Brown on 8/2/2024

Executive Summary - Net Asset Value (“NAV”) credit facilities are a tool that borrowers may use to access financing based on the value of their underlying investment portfolio. The users of these facilities are generally...more

A Truly Bingeworthy Series July 2024 - Some Key Considerations When Lending to a Master-Series Fund

Cadwalader, Wickersham & Taft LLP on 7/19/2024

Master-series funds are definitely not on our desks on a daily basis; however, they do arise from time to time, and certainly as transactions are becoming more and more bespoke. Care should be taken by lenders when lending to...more

Judge Rules That A Front For Mexican Cartel Had The Capacity To Protect Its Own Interests

Allen Matkins on 4/15/2024

California Corporations Code Section 25118(b) provides an exemption from the state's usury limitations for loans. The exemption is subject to several conditions. One condition is the existence of either a preexisting...more

A Decades-Old Question Answered: Term Loans Are Not Securities

Skadden, Arps, Slate, Meagher & Flom LLP on 12/20/2023

A recent appellate ruling, Kirschner v. JPMorgan Chase Bank, N.A., rejected the contention that syndicated term loans should be treated as securities, affirming the long-held view by market participants that these loans are...more

Skadden’s 2023 Insights – Five Critical Areas for the Year Ahead

Skadden, Arps, Slate, Meagher & Flom LLP on 12/14/2022

The pandemic’s impact may be subsiding, but businesses are encountering new challenges across the globe, including the potential for an economic retrenchment, rising interest rates, shifting regulatory and litigation...more

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