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Equity Commitment Letters: Structuring and Negotiation Strategies, Key Terms, Lender Protections, Mitigating Risks

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, September 18, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 22, 2025

or call 1-800-926-7926

This CLE webinar will explore the increasing use of equity commitment letters (ECLs) in fund finance. The panel will discuss structuring considerations and explain the differences between ECLs and guaranties. The panel will also examine key terms found in ECLs, negotiation strategies for structuring these transactions, and ways to mitigate risks.

Description

In the current fundraising environment, there has been an increased focus on credit support arrangements, particularly ECLs. As private markets and the fund finance industry continue to evolve, there has been a heightened focus on credit support packages that lenders rely upon to underwrite these investments.

An ECL is typically structured as a commitment by a parent fund to contribute capital or other financial support to a subsidiary that is a borrower under the relevant financing transaction. ECLs provide additional credit support to borrowers and add a layer of protection for lenders to ensure the borrower will fulfill its obligations under the credit facility.

Unlike a guaranty that is issued in favor of a lender, an ECL benefits the ECL beneficiary or subsidiary. To provide additional protection to a lender, the ECL should state that the lender is a third-party beneficiary to the ECL or that the lender retains the same rights as the ECL beneficiary.

Listen as our authoritative panel provides practice tips for structuring and documenting ECLs in fund finance transactions. The panel will discuss the common variations of ECLs and the pros and cons of an ECL under different financing scenarios.

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Outline

  1. Uses of ECLs in fund finance transactions: trends and developments
  2. Pros and cons of ECLs
  3. Differences between ECLs and guaranty agreements
  4. Structuring and negotiation considerations
  5. Key terms
  6. Lender protections
  7. Risk mitigation
  8. Enforcing an ECL
  9. Practice pointers and key takeaways

Benefits

The panel will discuss these and other important considerations:

  • What are the latest trends and developments in the use of ECLs in fund finance transactions?
  • What are the appropriate circumstances when an ECL should be used?
  • What are factors to consider when negotiating and structuring an ECL?
  • What are the benefits and risks associated with ECLs?
  • How does the lender enforce an ECL to repay a credit facility?

Faculty

Karas Stencel, Lindsay
Lindsay Karas Stencel

Partner
Thompson Hine

Ms. Stencel is a partner in the firm’s New Ventures practice. She advises entrepreneurs, investors and fund...  |  Read More

Attend on September 18

Early Discount (through 08/22/25)

Cannot Attend September 18?

Early Discount (through 08/22/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video