Fund clients and their lawyers are taking advantage of the variety of "fund" entities created over the last decade in Europe, resulting in an increase in corporate entities as fund vehicles. These entities raise additional considerations about the enforcement of security over the right to call capital.
Short-term interest rates continue marching higher. Regional banks face easing regulation and may be positioned to grow balance sheets. And, at the same time, the prospect for bank asset growth from traditional sources is being challenged by weakening loan demand across the board. Connecting these dots, we're optimistic about the outlook for subscription finance—a floating-rate product with robust new deal volume—and a market environment that looks primed for new lenders to enter the space.
On November 15, Thomas Draper, partner at Foley Hoag LLP, and Mike Mascia, partner at Cadwalader, joined Rorie Norton of the Hedge Fund Law Report for a webinar on the status of the fund finance markets.
Busy days in sanctions; Softbank in the market for a $4 billion facility; new research on private equity investment performance; Maples announces dates for its Investment Funds Forum; and Cadwalader advises SFIG in involuntary bankruptcy petition filed against a pre-crisis securitization entity.
A Barron's article published this week, titled "A New Form of Private-Equity Financing Is Starting to Take Off," is not really news to those who do subscription finance work every day.