News & Analysis as of

Lenders Cayman Islands

Cadwalader, Wickersham & Taft LLP

Unlocking the Hybrid October 2023 - Why so Seri(e)ous? Cayman Series Partnerships in Fund Finance Transactions

Funds make use of series partnerships across jurisdictions to allow for segregation of partnership interests, assets, distributions and operations into separate series or classes. A particular quirk of Cayman series...more

Cadwalader, Wickersham & Taft LLP

Code Update: Get Ready March 2023 | Issue No. 214 - Cayman Counsel and Signature Block Comments – What’s the Deed?

Of the comments that Cayman counsel add to transaction documents, one of the points that seems to incur a raised eyebrow by U.S. counsel or lenders now and again is the addition of “executed as a deed” in signature blocks of...more

Cadwalader, Wickersham & Taft LLP

On the Side February 2023 | Issue No. 209 - Out of the PF Act Club and Into the Cold: When Would a Cayman Private Fund Be...

As the Fontainebleau once again prepares for an influx of fund finance professionals to its restaurants and nightclubs, we got to thinking about another kind of club (those funds registered with CIMA under the Private Funds...more

Cadwalader, Wickersham & Taft LLP

Let’s Be Direct January 2023 | Issue No. 208 - The Corporate Collateral Package in Subscription Facilities: A Share Peg in a Round...

Those in the subscription credit market will likely be familiar with traditional collateral arrangements over the capital call rights of Cayman funds formed as exempted limited partnerships (ELPs). Recently, however, we have...more

Cadwalader, Wickersham & Taft LLP

Don’t Look Back? - July 2022 | Issue No. 184 - Rated Note Feeders and the Cayman Islands – Lender FAQs

We are often asked by our clients: “What are you seeing? Anything interesting in the market on your side?” Our answer, as Cayman counsel, is more often than not that we are a ship floating in a tide and what they see as...more

Cadwalader, Wickersham & Taft LLP

Capital Relief, Cayman Register … Continue Reading June 2022 | Issue No. 179 - Re-member Where the Register Is! Why the Location...

As we are moving further into the realm of Fund Finance 2.0 and the rise of the NAV facility, there has been a lot written about taking security over the equities of various types of Cayman entities, particularly Cayman...more

Cadwalader, Wickersham & Taft LLP

Searching for Dragons to Slay - March 2022 | Issue No. 167: ‘NAV’igating Cayman LP Interest Security – Lender FAQs

As noted in our previous update, “‘NAV’igating Cayman Share Security – Lender FAQs,” fund finance lenders are increasingly encountering pledges of shares in SPVs incorporated in the Cayman Islands as part of the collateral...more

Cadwalader, Wickersham & Taft LLP

Views and News - February 2022 | Issue No. 161 - FFF Travels to the Channel Islands: An Introduction to Jersey and Guernsey

Cadwalader has recently seen a growth in the number of funds formed in Jersey and Guernsey that are party to subscription and NAV facilities. Trent Lindsay and Cassandra Best spoke with Julia Keppe, Senior Counsel at Walkers...more

Cadwalader, Wickersham & Taft LLP

Just the FAQs - December 2021 | Issue No. 154 - ‘NAV’igating Cayman Share Security – Lender FAQs

As the universe of asset-based and hybrid facilities continues to expand, fund finance lenders are increasingly encountering pledges of equity interests issued by funds or SPVs domiciled in popular jurisdictions outside of...more

Cadwalader, Wickersham & Taft LLP

An Active October - October 2021 | Issue No. 148 - A Brief Primer on Cayman Security

Many subscription facilities governed by New York law grant the lender a security interest in rights to call capital from the limited partners of exempted limited partnerships formed under the laws of the Cayman Islands....more

Conyers

Financing Transactions for Cayman Regulated Insurers

Conyers on

As a leading jurisdiction for the domicile of captive insurance companies and, more recently, reinsurance companies (together “insurance vehicles”), the laws of the Cayman Islands have a central role and require careful...more

Cadwalader, Wickersham & Taft LLP

Room for Optimism August 2021 | Issue No. 139 - The Cayman Private Funds Act 1st Anniversary – No Gifts Required!

It may be that you woke up last Saturday morning, spotted the date 7 August on your phone, and then had that feeling that you’d forgotten something of significance on this date – a birthday perhaps, or maybe worse, a wedding...more

King & Spalding

Explanation of J. Crew “back-door” provision and proposal for how lenders might address this in their documentation.

King & Spalding on

Recently, J. Crew used a “back-door” provision in its credit facility to transfer approximately $250 million worth of intellectual property (“IP”) to an unrestricted subsidiary with the aim of borrowing against the...more

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