Fund Finance

We advise global financial institutions, alternative lenders, and fund sponsors on the full spectrum of fund financing products, including subscription facilities, NAV-based loans, management fee facilities, and preferred equity solutions. Our lawyers guide clients through the negotiation of credit documentation, intercreditor agreements, and collateral structures to secure optimal terms.

Our Fund Finance practice handles complex, multi-jurisdictional financings involving funds domiciled in key jurisdictions such as the Cayman Islands, Luxembourg, Ireland, and Delaware. We coordinate with local counsel to ensure compliance with cross-border lending regulations, tax laws, and fund governance requirements while mitigating enforcement and currency risks.

Our lawyers represent both lenders and fund sponsors in subscription line facilities secured by investor commitments. We advise on facility sizing, borrowing base calculations, investor notice rights, and capital call mechanics. We also assist with structuring interfund arrangements and managing potential conflicts between fund entities.

As funds mature, access to NAV-based and hybrid loans becomes critical. We help clients design credit arrangements secured by portfolio asset value or a mix of collateral sources. Our Fund Finance team drafts bespoke agreements that address valuation methods, distribution waterfalls, and cross-collateralization risks to protect both lenders and borrowers.

We counsel clients on compliance with financial regulations including AIFMD, Investment Advisers Act, Basel III, and other capital adequacy frameworks. Our team assists with filings, disclosure requirements, and risk retention obligations. We also help lenders and borrowers implement compliance systems that address anti-money laundering (AML) and know-your-customer (KYC) standards across multiple jurisdictions.

We design tax-efficient structures that optimize fund-level and investor-level outcomes. Our Fund Finance practice collaborates with tax advisors to address withholding obligations, transfer pricing, and double taxation issues. We also advise on treaty benefits, hybrid mismatch rules, and the tax implications of credit-linked instruments.

We prepare, review, and negotiate all key documentation for subscription, hybrid, and NAV facilities, including credit agreements, security instruments, side letters, and subordination arrangements. Our team ensures that collateral interests are properly perfected and enforceable under applicable law, safeguarding both lender and borrower positions.

Our lawyers guide clients in structuring multi-lender facilities and secondary transfers. We address intercreditor relationships, voting rights, and consent mechanics to prevent disputes. For syndicated facilities, we ensure uniform treatment of lenders while maintaining flexibility for future amendments and restructuring events.

We develop creative solutions for funds facing covenant breaches, default scenarios, or declining asset valuations. Our lawyers negotiate amendments, waivers, and refinancing terms that allow funds to continue operations while addressing lender concerns. We also represent creditors in intercreditor negotiations and debtor-in-possession financing transactions.

When disputes arise, we represent clients in enforcement proceedings, collateral realization, and insolvency-related litigation. Our Fund Finance lawyers coordinate with restructuring and dispute resolution teams to recover assets efficiently while maintaining confidentiality and regulatory compliance. We have experience before courts and arbitration panels in key global financial centers.