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Big News for Funds June 2024 - Fifth Circuit Strikes Down the Private Fund Adviser Rules

This week, the U.S. Court of Appeals for the Fifth Circuit vacated the private fund advisor rules (the “Final Rule”) adopted by the United States Securities Exchange Commission (the “SEC”). The Final Rule imposed significant...more

A Different Kind of Swift Advice May 2024 - In Our Ratings Era: Top Lender Considerations for Subscription Facilities

One of the best things about fund finance is that there is always something new and exciting happening in our space. New players come online, and new products and solutions solve issues that pave the way for fund borrowers to...more

Recallable Capital Ripples November 2023 - Total Recall

Recallable capital is a hot topic these days in both subscription financing and NAV financing transactions, both at industry events and in the press. There has been a good deal of attention to this concept in the NAV market...more

Taking Control August 2023 - Loans Are Not Securities

We have a final answer to the question of whether a term loan is a security. Yesterday, the Second Circuit Court of Appeals affirmed the District Court’s decision in the Kirschner Case that a term loan is not a security. We...more

What You Should Know Up Front July 2023 - Kirschner Case Update: The SEC Declines to Weigh In

We have been following the litigation over the question of whether certain syndicated loans are securities. Kirschner v. JPMorgan Chase Bank, N.A., which has been before New York federal courts for years, is now before the...more

The Other Green Scene: Sublines for Evergreen Funds June 16, 2023 - It’s Not Easy Being (Ever)Green

Is evergreen the new black? It may be. Each day new limited partnership agreements come across our desks, sent to us by our bank clients who ask us to read and analyze these documents alongside them to determine the most...more

We Pay Tribute May 2023 - Are Loans Securities? A Kirschner Case Update

We continue to follow the litigation over the question of whether certain syndicated loans are securities. Kirschner v. JPMorgan Chase Bank, N.A., which has been before New York federal courts for years, is now before the...more

Moving into May - April 2023: FFF Sovereign Immunity Series – Part IX

Today we release the ninth installment of our Sovereign Immunity Series. In this installment we cover Oklahoma, Oregon, Pennsylvania, Rhode Island and South Carolina to give you a high-level overview of sovereign immunity in...more

Springing into Q2 April 2023 - LIBOR Transition Update: Synthetic LIBOR Is Here

Back in March of 2021, we covered a number of developments pertaining to the end of LIBOR that came out of certain announcements made early that month by the Intercontinental Exchange Benchmark Administration (the “IBA”),...more

The Way Forward March 2023 - Lenders Showing Muscle with ‘Flex’

In recent months, as lenders in the fund finance market have been more selective and demand for financing from fund borrowers remains high, we have seen a number of instances of lenders considering the use of and actually...more

The Way Forward March 2023 - Women in Fund Finance Event: Women in Infrastructure

Women in Fund Finance hosted a panel discussion recently, co-hosted by National Australia Bank and Simpson Thacher & Bartlett LLP, which was held at NAB’s beautiful new office in midtown Manhattan. This discussion featured a...more

Code Update: Get Ready March 2023 | Issue No. 214 - The MassMutual Transition to Barings: A Conversation with Phillip Titolo and...

As we reported last week in Fund Finance Friday, Massachusetts Mutual Life Insurance Company (“MassMutual”) and Barings, one of the world’s leading investment managers and subsidiary of MassMutual, announced plans to...more

Words of Wisdom - January 2023 | Issue No. 207 - Women Leaders in Fund Finance Share the Keys to Success

At the beginning of the year, everyone’s LinkedIn newsfeed was flooded with alerts about members of their network updating their profiles with new titles following end-of-year promotions. As newly promoted women partners on...more

‘I’ll Be There for You’ December 2022 | Issue No. 203 - Are Loans Securities?

We have been following a case that has been winding its way through New York federal courts for some time that players in the syndicated loan market have described as everything from “a potential game changer” to an...more

A Fantastic Forum November 2022 | Issue No. 199 - FFF Sovereign Immunity Series – Part II

Today we release the second installment of our Sovereign Immunity Series. In this installment, continuing with our alphabetical order format, we provide a high-level overview of the sovereign immunity laws of Colorado,...more

Security, Please - August 2022 - Issue No. 189 - Feeling (In)Secure: Security Interests in NAV Facilities

The fund finance market has experienced serious growth over the last few years. Fund borrowers are seeking more liquidity than ever in terms of the number of funds taking advantage of credit facilities as well as the sheer...more

Thank You, Mike - May 2022 | Issue No. 177 - Loan Market Update

Lots of news out of the loan market. SOFR remains a focus, we have new forms from the LSTA, and what has been deemed an “existential threat” to the syndicated loan market has reared its head once again. Here’s the rundown....more

Sanctions Savvy - May 2022 | Issue No. 175 - LP Sanctions Risk in Fund Finance: Issues for Lenders to Consider

We have been closely monitoring the sanctions landscape over the last few months. Back in March, we covered the sanctions levied by the United States and other jurisdictions in response to Russia’s invasion of Ukraine. The...more

E Is for Earth Day … and ESG - April 2022 | Issue No. 172 - ESG Reporting and Disclosures: Making Industry Progress

Our focus on ESG in honor of Earth Day continues, and here we focus on reliable ESG data disclosure. There are several big projects underway to help lenders to see a greater level of consistency and depth in the ESG reporting...more

There’s No Limit - November 2021 | Issue No. 151 - Loan Market Round-Up

This was a busy week in the loan market. LIBOR transition is accelerating daily, we have a new form of credit agreement from the LSTA, and what has been deemed an “existential threat” to the syndicated loan market has reared...more

Ghosts, Goblins, and Goodies October 2021 | Issue No. 150 - Intercreditor Arrangements in Fund Finance Transactions

It is an exciting time to be in the fund finance space. Sponsors continue to seek liquidity to fund investments, and banks and alternative lenders are thinking creatively about how to offer this additional leverage. There...more

Liquidity, Luxembourg, ESG — Must Be Fund Finance October 2021 | Issue No. 147 - Women in Fund Finance (WFF): Fund Liquidity...

Women in Fund Finance (WFF) this week hosted a second installment of its “Fund Liquidity Solutions” virtual event, which was a follow-up to the first liquidity solutions panel that took place in July. This second panel...more

Regulating ESG October 2021 | Issue No. 146 - LSTA Issues New Credit Agreement Guidance

Last week, the Loan Syndications and Trading Association (the “LSTA”) circulated a revised draft of its Form of Revolving Credit Facility to its members....more

Pack Your Backpack August 2021 | Issue No. 140 - SOFR: More Answers Make for More Questions

The market has received a lot of answers about benchmark replacement this year. We know for sure that LIBOR is going away. We also know that no new USD LIBOR loans should be originated after December 31st of this year....more

ESG Alphabet Soup August 2021 | Issue No. 138 - It’s Official: Term SOFR Gets a Thumbs Up from ARRC

In the last week we have had a very big development in the LIBOR transition: The ARRC has now formally recommended forward-looking Secured Overnight Financing Rate (SOFR) term rates. This is big news for your fund finance...more

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