Cadwalader has a globally recognized Fund Finance practice. With more than two decades of experience in the field, its market-leading practitioners provide practical, yet cutting edge, advice to a wide variety of financial institutions active in the space. The team regularly represents the agent, lead arrangers and lenders on subscription credit and capital call facilities to real estate, private equity and other investment funds, where the loans are secured by the capital commitments of the funds’ investors.
The attorneys in the group bring in-depth technical and commercial knowledge to a wide range of lending structures across the fund finance spectrum, including traditional capital call and subscription credit facilities, NAV-based facilities, hybrid facilities, open-end fund facilities, HNW facilities, aftercare facilities, umbrella facilities, management fee and GP lines and an array of leveraged asset level, secondary fund and equity commitment transactions. The firm handles transactions across from fund borrowers of all sizes, vintages and asset classes. Many of these transactions are cross-border and multi-currency in nature, necessitating the team be well-versed in the nuances of multi-jurisdictional and FX transactions.
Clients benefit from the firm’s deep bench and multidisciplinary approach. Our Fund Finance attorneys work seamlessly across the firm’s other practice groups including financial regulation, ERISA, tax and investment management practices. We understand the evolving regulatory landscape, investor credit risks and related enforceability issues, emerging fund structures, and frequently advise on some of the most complex and bespoke transactions brought to market.
With a premier practice that is experienced documenting some of the largest and most sophisticated subscription and hybrid facilities ever consummated and key relationships that span the globe, our team is well suited to serve the needs of our clients.