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Levenfeld Pearlstein, LLC

Independent Sponsor Series – Capital Provider Spotlight: A Conversation with Paul Moffatt of Encore One (Part Two)

To help businesses, investors, and deal professionals better understand the evolving independent sponsor landscape, Robert Connolly – a partner in LP’s Corporate Practice Group and leader of LP’s Independent Sponsor team –...more

Latham & Watkins LLP

Latham Texas Private Funds Breakfast Series Fund Portfolio Company Finance

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This fall, Latham’s Investment Funds Practice provided guidance on financing options and considerations for funds and portfolio companies in the second installment of the Private Funds Breakfast Series. The quarterly series...more

Goodwin

How Do Fund Sponsors Resolve a Key Person Event?

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Upon the occurrence of a key person event, a suspension period is typically triggered, during which the fund is not able to make new investments. In a previous article, we analyzed the average length of the suspension period...more

Goodwin

Stretching and Flexing - Part 1 Addressing Longer Hold Periods

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Patience is proving to be a virtue for a private equity industry that began 2024 sitting on more than 28,000 portfolio companies valued at more than $3 trillion, according to a report by Bain & Company, as average hold...more

Opportune LLP

Asset-Backed Security Guide for Oil and Gas Financing

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Leveraging oil and gas assets for capital has become a strategic imperative for independent producers grappling with limited traditional financing options and economic volatility. Asset-backed securities (ABS) in the oil and...more

Holland & Knight LLP

Key Considerations for Independent Sponsors Regarding Portfolio Company Governance

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Holland & Knight's Independent Sponsors Team has seen an increasing number of independent sponsors taking part in transactions of seemingly all shapes and sizes. With increasing variation of transactions comes increasing...more

Goodwin

Approaches Funds Take to Catch-Up Payments Vary by Asset Class

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For a majority of PE, VC, and debt funds, catch-ups are 100%, but they are likely to be less than 100% for real estate and infrastructure funds. In a previous article, we showed that hurdle rates set by private...more

Latham & Watkins LLP

Constrained Markets Drive Creative Continuation Vehicle Solutions but Conflict Challenges Remain

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Deals require more transactional, advisory, and regulatory experience in the increasingly complex continuation vehicle market. As the GP-led secondary market continues to evolve and reacts to new SEC rules and growing...more

Goodwin

Half of private investment funds set hurdle rates at 8% but rates differ by asset class and strategy

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Private equity funds show the least variation, with 80% of PE funds setting hurdle rates at 8%. Real estate funds are almost as likely to set rates at 7% or 9% as 8%....more

Goodwin

Opening the Fund Finance Toolkit

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Recent years have seen significant growth and innovation in the fund finance industry — and, with an increase in the number and complexity of products in the market, it has become commonplace for industry publications and...more

Goodwin

Blind Pool REIT IPOs: Real Estate Sponsors Are Getting Ready To Jump Back In

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Coming out of the Great Recession, there was a rush by real estate sponsors to raise “blind pool” capital to take advantage of displacement and distress in the real estate market. From 2009 through 2010, 30 new public real...more

Latham & Watkins LLP

PE on Red Alert for Greenwashing in Light of UK Developments

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PE firms face growing regulatory and litigation risks from greenwashing claims as they navigate a fragmented anti-greenwashing landscape. Amid concerns of exaggerated or misleading sustainability claims, the UK Financial...more

Goodwin

Negotiating Preferred Equity Recognition Rights in Hospitality Deals

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In recent years, hotel sponsors and developers have increasingly turned to alternative capital sources, like preferred equity, to finance and reposition their existing assets and fund new acquisition and development...more

Goodwin

President Biden Issues Sweeping Executive Order on Promoting Competition in the American Economy

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In This Issue. President Joe Biden issued a sweeping executive order aimed at cracking down on anticompetitive practices and reducing consolidation across multiple industry sectors, including financial services; the Federal...more

Goodwin

Lessons (Still Being) Learned Regarding Hospitality Finance in the Covid-19 Age

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The COVID-19 pandemic wreaked havoc across the real estate portfolios of investors and lenders, perhaps most disastrously in the hospitality sector. A recent American Hotel & Lodging Association report shows the industry lost...more

Moore & Van Allen PLLC

Side-By-Side Comparison of Key Independent Sponsor and Searcher Terms

Moore & Van Allen PLLC on

There is often a blurring of the lines between independent sponsors and searchers engaged in a traditional search as participants in lower-middle market mergers and acquisitions transactions. The table below presents a...more

Vedder Price

EU Risk Retention Undertakings in U.S. General Equipment ABS: Evolving Market Practice

Vedder Price on

For companies seeking to finance general equipment assets via asset backed securitization (ABS) instruments, risk retention has become an important consideration. In response to the latest financial crisis, both the U.S. and...more

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