Federal regulators have proposed amendments to (i) exclude certain community banks from the Volcker Rule and (ii) allow banking entities to share a name with a hedge fund or private equity fund under certain circumstances.
We have seen several transactions this fall where an investor’s capital commitment is, at least in part, structured in the form of a “loan commitment” and not purely in the form of an equity capital commitment, as is traditionally the case. Given the recent influx of funds utilizing this arrangement, we thought it might be helpful to include a refresher in this week's Fund Finance Friday as to the risk created by debt commitments.
The Federal Reserve Bank-sponsored Alternative Reference Rates Committee (ARRC) took significant steps last week with respect to four market consultations. The ARRC consultations outline draft language for new contracts that reference LIBOR so as to ensure these contracts will continue to be effective in the event that LIBOR is no longer usable.
The Cayman Islands office of offshore law firm Carey Olsen published this week a detailed thought leadership piece titled “Fund Finance and releases of investor commitments: How can lenders protect themselves?”