In its most simple form, a net asset value-based facility (“NAV Facility”) is a credit facility, whereby availability under the facility is based on the net asset value of the portfolio investments of the borrower, often a...more
The Alternative Reference Rates Committee (“ARRC”) convened by the Federal Reserve Board and the Federal Reserve Bank of New York, with the assistance of its Securitizations Working Group released a report (the “Report”) on...more
The abrupt halt in commercial activity caused by the 2019 Novel Coronavirus (“COVID-19”) has had a significant impact on the global economy, and in particular, the commercial real estate market. As a result, the commercial...more
The federal regulatory agencies charged with deriving and maintaining regulatory provisions pursuant to section 13 of the Bank Holding Company Act (commonly referred to as the Volcker Rule) have revised the “covered fund”...more
7/9/2020
/ Amended Regulation ,
Bank Holding Company Act ,
Covered Funds ,
Covered Transactions ,
Debt Securities ,
Investment Funds ,
Ownership Interest ,
Proprietary Trading ,
Small Business Investment Company ,
Volcker Rule ,
Waterfall Provision
Since December 2019, the rapid spread of COVID-19 has caused significant global upheaval. While many questions circulate unanswered, and while a variety of global initiatives to stem the spread of the virus are implemented...more
3/11/2020
/ Coronavirus/COVID-19 ,
Corporate Financing ,
Financial Services Industry ,
Force Majeure Clause ,
Foreign Commerce ,
Imports ,
Infectious Diseases ,
Performance Standards ,
Public Health ,
Suppliers ,
Supply Chain ,
Supply Contracts
The federal agencies responsible for the Volcker Rule have proposed to clarify some requirements for exclusion from the definition of “covered fund” and to increase the types of funds excluded from that definition. The...more
2/11/2020
/ Bank Holding Company Act ,
CFTC ,
Covered Funds ,
Dodd-Frank ,
FDIC ,
Federal Reserve ,
Financial Regulatory Reform ,
Investment Companies ,
Ownership Interest ,
Proprietary Trading ,
Regulatory Agenda ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securitization ,
Venture Capital ,
Volcker Rule ,
Wealth Management
The past decade has seen a marked expansion in the use of warehouse financing facilities utilizing repurchase agreements. These specific types of facilities need to be structured carefully but enjoy a number of benefits that...more
11/15/2019
/ Bankruptcy Code ,
Buyers ,
Debt ,
Debt Buyers ,
Mortgages ,
Real Estate Transactions ,
Repurchase Agreements ,
Repurchases ,
Safe Harbors ,
Securities ,
Sellers
The robust market for royalty securitizations from 2018 has continued apace through Q2 2019 and is on track to show significant gains in 2019. New issue volume in whole business securitizations consisting primarily of royalty...more
9/18/2019
/ Commercial Bankruptcy ,
Film Industry ,
Franchises ,
Intellectual Property Protection ,
Mission Product Holdings Inc v Tempnology LLC ,
Music Industry ,
Pharmaceutical Industry ,
Prescription Drugs ,
Royalties ,
Securitization ,
Trademark Licenses
The five agencies that adopted and administer the Volcker Rule have proposed to revise it. Interestingly, however, the proposed revisions make up a surprisingly small part of the release, much of which consists of questions...more
The credit markets continue to be subject to significant regulatory change. Recently, two steps have been taken that are intended to increase the ability of certain types of creditors to expand the availability of credit....more
The “Risk Retention Rule” has been in effect for a little over two years for asset-backed securities (“ABS”) collateralized by residential mortgages, and for over one year for all other classes of ABS. While a general market...more