SEC Grants Relief From Risk Retention In Refinancing Transaction

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The SEC granted Crescent Capital Group LP no-action relief if it does not retain an eligible risk retention interest under Section 15G of the Securities and Exchange Act of 1934 in connection with a refinancing of CLOs that were issued in a CLO transaction priced prior to the December 24, 2014 publication of the Credit Risk Retention Final Rules in the Federal Register.  The no-action relief is subject to several requirements set forth in the request for no-action relief.

Crescent argued no-action relief was  warranted to protect investor expectations that would be frustrated by application of risk retention requirements to the refinancing of a CLO transaction that was priced prior to the publication of the joint rules implementing Section 15G of the Exchange Act.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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