News & Analysis as of

Liquidity Private Equity

Goodwin

Stretching and Flexing - Part 1 Addressing Longer Hold Periods

Goodwin on

Patience is proving to be a virtue for a private equity industry that began 2024 sitting on more than 28,000 portfolio companies valued at more than $3 trillion, according to a report by Bain & Company, as average hold...more

Seward & Kissel LLP

Private Equity Investment into NFL Teams: Tax and Business Considerations

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Owning an NFL team is no longer a fantasy. The National Football League (the “NFL” or the “League”) voted to allow minority stakes to be sold to private equity firms (“PE”). However, according to NFL.com, “an executive from...more

Whiteford

To Roll or Not to Roll: Equity Roll Issues in Private Company M&A Deals

Whiteford on

This article is the first in a series on common issues of critical importance to sellers in private company M&A- An equity roll is an agreement between a Buyer and a Seller in an M&A deal where the Seller (typically a...more

Goodwin

The King’s Speech: Reinforcing The Retailisation of Private Funds

Goodwin on

The Pension Schemes Bill announced in the King’s Speech on 17 July builds on the UK Government’s drive to encourage defined contribution (DC) pension investment in long-term illiquid investments such as private equity,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Challenging Exit and Debt Conditions Prompt Financial Sponsors To Adopt Workarounds

The challenges facing financial sponsors in the past couple of years have been widely discussed. Their funds have amassed over $1 trillion in dry powder that they are competing to deploy in a weak exit market....more

Robins Kaplan LLP

Q&A With Anne Paape, Managing Director and Senior Fiduciary Counsel at Cresset

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The Spotlight had the pleasure of sitting down with Anne Paape, managing director and senior fiduciary counsel at Cresset and Cresset Trust Company, to talk about the historic transfer of wealth many countries are undergoing,...more

Dechert LLP

Navigating the Storm: How Sponsor Guarantees Can Help Your Portfolio Company Through Choppy Waters

Dechert LLP on

As private-equity backed portfolio companies work through the effects of the last several years of economic challenges, including continuing elevated interest rates, they may find themselves in need of covenant relief,...more

Bradley Arant Boult Cummings LLP

Cashing In, But Without Fully Cashing Out: Liquidity Options for Private Company Majority Owners

Business owners of private companies invest huge amounts of time and resources in their business, which may include the bulk of their financial capital. For owners who do not want most of their net worth to remain tied up in...more

Cadwalader, Wickersham & Taft LLP

8th Annual European Fund Finance Symposium: The Latest From London May 2024 - FFA European Fund Finance Symposium Review – Key...

Last week saw almost 1,140 registrants attend the FFA’s annual symposium at the Queen Elizabeth II Conference Centre in London. As ever, the event brought together a wide range of market participants from across the industry,...more

Akin Gump Strauss Hauer & Feld LLP

The Road Ahead for Private Equity: Reflections and Predictions

The year 2023 will be remembered as a challenging one for private equity (PE), with complexities to navigate on many fronts. Traditional debt financing was expensive and scarce, expectations on valuations were tricky to...more

Proskauer Rose LLP

Private Credit Deep Dives – Change of Control (United States)

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After an unprecedented post-COVID boom, M&A activity has slowed in recent months, with overall global M&A value down as much 44% in the first five months of 2023, according to a recent report by Bain & Company. Against this...more

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy and Restructuring Considerations for De-SPACed Companies

Distressed de-SPACed companies are increasingly turning to chapter 11 as a means of restructuring their debts and preserving going-concern value. Many de-SPAC mergers in 2020 and 2021 involved pre-revenue or...more

King & Spalding

NAV Facilities

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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

Akin Gump Strauss Hauer & Feld LLP

Liability Management Exercises: A Transatlantic Perspective

Over recent years, a prolonged period of low interest rates, together with a competitive financing market, has resulted in greater leverage and control for private companies (and their sponsors) when it comes to negotiating...more

Proskauer Rose LLP

Private Credit Deep Dives - Change of Control

Proskauer Rose LLP on

After the unprecedented boom of the immediate post‑COVID era, European M&A activity has slumped in recent months. Indeed, recent market intelligence from Dealogic showed that Q1 of 2023 in EMEA saw a 68% decline in M&A volume...more

Hogan Lovells

Strategic financial options for clinical stage life sciences companies in a troubled equity market

Hogan Lovells on

Early 2023 has seen new and unprecedented financial challenges for clinical stage life sciences companies. The financing rounds of 2021 and 2022 are starting to run off, while at the same time the equity markets are either...more

Dechert LLP

2023 Global Private Equity Outlook

Dechert LLP on

Methodology - At the beginning of the third quarter of 2022, Mergermarket, on behalf of Dechert LLP, surveyed 100 senior-level executives at private equity (PE) firms based in North America (45%), Europe, the Middle East...more

Seward & Kissel LLP

The Rise of Hybrid Funds

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The lines between closed-end and open-end private investment fund investment structures have blurred in recent years, as managers structure funds to hold illiquid assets in open-end funds and liquid assets in closed-end...more

White & Case LLP

Liquidity and refinancing

White & Case LLP on

Looking at the current picture, 60 percent of respondents globally say that the aviation finance sector does not have enough capital and liquidity. Meanwhile, 32 percent believe that the sector has just the right amount of...more

BCLP

FCA finalises its rulebook for the new UK authorised open-ended fund to invest in illiquid assets: the Long Term Asset Fund (LTAF)

BCLP on

The FCA’s Policy Statement published on 25 October 2021 provides feedback to its May 2021 consultation (the Consultation) and sets out the final rules and guidance for the new authorised open-ended fund regime to invest in...more

White & Case LLP

Direct lending in the US is in good shape post-COVID-19

White & Case LLP on

After a volatile and challenging year, US direct lenders moved into 2021 with reputations enhanced and teams strongly positioned to fund new deals. But we cannot discuss current direct lending in the US without casting a...more

Proskauer - The Capital Commitment

The Portfolio Company Playbook: Chapter 4 – Navigating Direct Liability Risks to the Fund

As litigation claims against portfolio companies have increased, so have accompanying claims asserted directly against funds (and their sponsors). Plaintiffs’ reasoning for including funds as defendants is no mystery: funds...more

Akin Gump Strauss Hauer & Feld LLP

The Key Dynamics of Private Debt

Executive summary • Despite the COVID-19 pandemic, 2020 still saw robust private equity (PE) activity relative to historical activity, with well over 5,000 completed transactions even amid a drop in aggregate deal value...more

Conyers

BVI Hybrid Funds

Conyers on

In this series of articles we consider two of the more common requests we see in terms of fund structuring options: Multi-Class Funds, and Hybrid Funds. This second article in the series will consider Hybrid Funds....more

Conyers

BVI Multi-Class Funds

Conyers on

In this series of articles we consider two of the more common requests we see in terms of fund structuring options: Multi-Class Funds, and Hybrid Funds. This first article in the series will consider Multi-Class Funds. Hybrid...more

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