The Alternative Reference Rates Committee ("ARRC") recommended contractual fallback language for U.S. dollar LIBOR-denominated bilateral business loans and securitizations. These recommendations follow the ARRC's April 2019 recommended fallback language for floating rate notes and syndicated loans.
The Cadwalader London Fund Finance team’s inaugural European Fund Finance Review took place earlier this week.
Law firm Carey Olsen this week published Capital Call Security Perfection in the Cayman Islands—Who, How, What, When and Why.
The Private Funds CFO newsletter this week touched on fund borrowing in the context of performance reporting.
Private Equity International this week reported on Gregg Kantor’s departure from his fund finance leadership role in the United States for Investec, as well as Tom Glover’s appointment to the role. A copy of the article is available here.
Stifel Bank is hiring an Associate to join its new Fund Banking group.
Here are updates to our Fund Finance Calendar.
We are constantly looking for ways to make FFF a more relevant part of your weekly routine. This week, we are adding two new recurring columns.
In the context of a subscription facility to an Irish 110 Company, limited market practice appears to favor allowing Irish 110 Company borrowers to prohibit lender assignments to non-qualified persons under any circumstance, including a payment event of default, bankruptcy, insolvency and/or acceleration as a result of “tax issues.” That market practice appears driven more as a matter of convenience for the Irish 110 Company than actual “tax issues” – especially when viewed in the context of limiting a lender’s right to exit a troubled credit versus the tax impact of that exit on a borrower who is in the midst of one or more material events of default. Instead of a flat prohibition on assignments to non-qualified persons, the analysis should involve going beyond the real or perceived “tax issues” to find the point on the allocation-of-risk spectrum where the concerns of a lender in maintaining its sacred right of assignability outweigh the real or perceived tax issues of an Irish 110.
Matt Taber is a Partner at global offshore law firm Harneys and leads its Cayman Islands fund finance practice. He has represented lenders in over 50 fund finance transactions in the last 12 months on the Cayman Islands aspects of their deals. FFF caught up with Matt this week for a Q&A.