Structuring Capital Call or Subscription Loan Facilities for Investment Funds: Strategies for Lenders and Funds
Understanding Current Trends and Terms, Drafting Loan Provisions, and Conducting Due Diligence
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide finance counsel for lenders and funds with a briefing on current trends and terms of subscription loan or capital call commitment facilities for investment funds. The panel will outline approaches for structuring the loan facility, examining the underlying fund structure and fund document provisions, artfully drafting loan provisions, and performing comprehensive legal due diligence.
- Benefits for fund managers, investors and lenders
- Understanding the fund structure
- Current market trends and terms
- Potential pitfalls
- Investor regulatory concerns
- Key provisions for the facility agreement
- Due diligence for lenders and funds
The panel will review these and other key questions:
- When are capital call facilities the best option for obtaining funding?
- What are best practices for conducting comprehensive due diligence of the fund involved prior to structuring a capital call facility?
- What are the key provisions to include when structuring the capital call facility?
- What provisions must be included in the capital call facility to comply with regulatory requirements and address UBIT issues?
Albert C. Tan
Mr. Tan is a member of the firm’s Board of Directors and Co-Chair of its Global Capital Commitment Financing and... | Read More
Mr. Tan is a member of the firm’s Board of Directors and Co-Chair of its Global Capital Commitment Financing and International Practice Groups. He regularly represents investment and commercial banks in connection with bank financings for private equity funds in Asia, Europe, Latin America and North America. He also counsels U.S. and Chinese corporations on foreign direct investment projects in China and the United States. He frequently writes on corporate finance topics and is often a guest speaker at business and legal seminars in the U.S. and internationally.Close
Timothy E. Powers
Mr. Powers is a member of the firm’s Board and Directors and oversees its international practice. His practice... | Read More
Mr. Powers is a member of the firm’s Board and Directors and oversees its international practice. His practice focuses on international business law with an emphasis in international banking and finance, international joint ventures, international investment in real estate and foreign investment in the United States. He has extensive expertise stemming from representing U.S. and foreign lenders as lead and arranger in syndicated credit facilities, and as general counsel to companies in various industries.Close
Ann Richardson Knox
Ms. Knox has spent her entire career structuring complex leveraged financings to US and global private funds, sponsors... | Read More
Ms. Knox has spent her entire career structuring complex leveraged financings to US and global private funds, sponsors and portfolio companies and has represented both financial institutions and funds. Her vast experience encompasses financings at every level of the capital stack and every phase of a fund’s existence. She represents major domestic and foreign investment and commercial banks as lead agent and arranger in connection with subscription credit facilities. She has been lead counsel on many of the largest and complex subscription credit facilities to funds sponsored by the world’s preeminent fund sponsors. She is a frequent author and speaker on subscription credit facilities and other fund finance products.Close
Michael C. Mascia
Mr. Mascia is a partner in the firm’s Banking & Finance practice group. He has extensive experience... | Read More
Mr. Mascia is a partner in the firm’s Banking & Finance practice group. He has extensive experience representing a variety of lenders in many different types of secured lending transactions, with particular expertise in the financing of investment funds and financial institutions. He has a globally recognized practice in the subscription credit facility space, having represented both balance sheet and commercial paper conduit lenders in facilities to real estate and private equity funds sponsored by many of the world’s preeminent fund sponsors.Close