A Comprehensive Overview of FOCI Mitigation
Everyone Come to Play: Exploring FOCI Mitigation Instruments
While advising on cross-border financings involving Irish funds, a type of Irish vehicle we see used in fund structures is a limited partnership formed under the Irish Limited Partnerships Act, 1907 (the Act) (an Irish 1907...more
As noted in our previous update, “‘NAV’igating Cayman Share Security – Lender FAQs,” fund finance lenders are increasingly encountering pledges of shares in SPVs incorporated in the Cayman Islands as part of the collateral...more
As the universe of asset-based and hybrid facilities continues to expand, fund finance lenders are increasingly encountering pledges of equity interests issued by funds or SPVs domiciled in popular jurisdictions outside of...more
Many subscription facilities governed by New York law grant the lender a security interest in rights to call capital from the limited partners of exempted limited partnerships formed under the laws of the Cayman Islands....more