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Asset-Level Eligibility Series: Delivery of Promissory Notes

This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, its original promissory note (if any) must be delivered to the collateral agent or custodian....more

Asset-Level Eligibility Series: Governmental Authorities

This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, the underlying loan’s obligor cannot be a governmental authority. EXAMPLE OF ELIGIBILITY CRITERIA:...more

Eligibility Spotlight for Private Credit ABL Facilities: Fully Funded Loans

This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, the underlying loan must be fully funded (or, for any delayed draw term loan or revolving loan, a...more

Asset-Level Eligibility Series: Confidentiality Restrictions

This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, the underlying loan’s documentation cannot contain confidentiality restrictions that could impair the...more

Asset-Level Eligibility Series: Loans Used for “Personal, Family or Household Purposes"

This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, the underlying loan cannot be used for “personal, family or household purposes.”...more

Asset-Level Eligibility Series: Margin Stock

This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, the underlying loan cannot be margin stock....more

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