Fund finance is and always has been by nature a cross border enterprise. While there are a number of lenders that we represent in the United States that lend to funds exclusively organized in the U.S.– typically in Delaware –...more
6/6/2025
/ Bankruptcy Code ,
Borrowers ,
Contract Terms ,
Credit Agreements ,
Fraudulent Transfers ,
Guarantors ,
Investment Funds ,
Lenders ,
Private Equity Funds ,
UK ,
Uniform Commercial Code (UCC)
Subtly pivoting from the topic of collateral accounts, introduced in the August 25, 2023 Fund Finance Friday (“FFF”) article by Chad Stackhouse and Katie Clardy titled “Control or Control Agreement”, we will explore a few of...more
For our eighth installment in the FFF Sovereign Immunity Series, we consider the doctrine of sovereign immunity in England & Wales.
We begin with our usual disclaimer that sovereign immunity is a complex legal and tax...more