Fund Finance Friday readers, as the Thanksgiving holiday approaches, we want to take a moment to express our gratitude for your continuous support throughout the year.
In celebration of the festivities and to recharge, we'll be taking a short break and will be back with the next issue on December 5th.
In the context of NAV facilities, one item that we often see heavily negotiated is the lender’s right to challenge the borrower’s valuations of its investment portfolio. In this article, we will explore a few key aspects of the lender’s valuation challenge rights and how we typically see these points negotiated between lenders and borrowers in credit facility documentation.
Cadwalader partners Matt Worth and George Pelling, together with associates Martin Vojtko and Mira Midelieva offer a comprehensive look at the UK fund finance market in Lexology Panoramic: Fund Finance 2026.
Over 800 financial industry leaders and professionals from around the country participated in Cadwalader’s ninth annual Finance Forum in Charlotte on October 29.
Due diligence is a key aspect of the legal structuring and execution of fund finance facilities. In the subscription line market, there are generally well established conventions for performing due diligence on, in particular, the capital call mechanisms.
By contrast, in this article, we look at due diligence considerations in NAV financing; while this segment of the market is less settled in its approach, there are emerging trends in terms of approach to due diligence. Here, we consider these issues primarily from the perspective of the European market, though many of the issues will apply generally.
Cadwalader attorneys Wes Misson, Bronwen Jones, Jed Miller, Leah Edelboim and Chris van Heerden have authored a chapter in the newly published 2026 edition of Global Legal Insights – Private Credit, the leading international guide to private credit markets, published by Global Legal Group.
Chris van Heerden, director at Cadwalader, recently authored an article, “Recent Trends in Lending to Nonbank Financial Institutions,” that appeared in Law360.