Dear Fund Finance Friday readers, as the holiday season approaches, we want to extend our heartfelt gratitude for your continued support and engagement throughout the year.
To celebrate this special time and prepare for an exciting year ahead, we’ll be taking a brief pause. Fund Finance Friday will return in January, refreshed and ready to bring you more insights and updates.
We wish you a joyous and peaceful holiday season surrounded by warmth, happiness, and cheer and we look forward to reconnecting in 2025!
Elon Musk made headlines earlier this year when he shifted Tesla’s incorporation from Delaware to Texas. This was in reaction to a Delaware court's striking down his pay package—a high-stakes case of taking your ball and playing elsewhere. Some commentators expressed surprise at the Delaware ruling since Delaware courts have typically deferred to the decisions of management and shareholders, especially when they are in agreement (the shareholders approved the pay package). This got me thinking about a key foundation in fund finance that we rely on every day but often take for granted: domicile selection for funds . . .
Securitization of sublines continues to be the hottest of hot topics in fund finance. Whether it could be done, how to do it, and how to overcome certain real and perceived challenges were topics of countless articles and conversations among practitioners and their clients for quite some time, but that all changed in 2024 when we truly saw the dawn of the securitization era for fund finance.
In this week’s Fund Finance Friday, we follow up our primer on capital call securitization piece with an overview of some of the different approaches that can come into play in a securitization of subscription facilities.
Fundraising across private funds will close lower in 2024 but the year-to-date total now exceeds $1.0 trillion, according to the latest data from Preqin. Closing the year above a trillion dollars in new commitments confirms the durable role of private fund allocations in institutional investment portfolios amid a challenging environment.
The Securities Exchange Commission has, in furtherance of its whistleblower program, taken actions recently that have led to lenders updating the confidentiality sections of credit agreements to allow for the disclosure of confidential information by potential whistleblowers. This week, we provide a brief overview of these SEC actions and, importantly, provide sample language that can be used to update confidentiality provisions.