Enforceability of Capital Commitments in a Subscription Credit FacilityZachary K. Barnett,Mark C. Dempsey,Michael C. Mascia,Wesley A. Misson, July 18, 2011
A subscription credit facility (a “Facility”), also frequently referred to as a capital call facility, is a loan made by a bank or other credit institution (the “Creditor”) to a closed end real estate or private equity fund (the “Fund”). The defining...