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Adobe PDFCapital Commitment Subscription Facilities and the Proposed Liquidity Coverage Ratio
Kiel A. Bowen, J. Paul Forrester, Carol A. Hitselberger, Adam D. Kanter, Michael C. Mascia; Mayer Brown LLP;
Legal Alert/Article
January 2, 2014, previously published on December 20, 2013
On November 29, 2013, the Board of Governors of the Federal Reserve System (FRB), the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC, and collectively, the Agencies) published in the Federal Register a notice of proposed rule making (the Proposed...

 

Adobe PDFSovereign Immunity Analysis in Subscription Credit Facilities
Zachary K. Barnett, Mark C. Dempsey, Rajeev Khurana, Michael C. Mascia, Wesley A. Misson; Mayer Brown LLP;
Legal Alert/Article
November 26, 2012, previously published on November 26, 2012
Subscription credit facilities (a Facility) have become a popular form of financing for private equity and real estate funds (Funds). The Facility’s lenders (the Lenders) are granted a security interest in the uncalled capital commitments of the Fund’s limited partners (the Investors)...

 

Adobe PDFAddressing UBTI Concerns in Capital Call Subscription
Michael C. Mascia; Mayer Brown LLP;
Legal Alert/Article
November 13, 2012, previously published on November 2012
A subscription credit facility (a Facility), also frequently referred to as a capital call facility, is a loan by a bank or other credit institution (the Creditor) to a real estate or private equity fund (the Fund). A Facility is defined by its collateral package: the obligations are secured by the...

 

Adobe PDFDBRS Publishes Updated Methodology For Capital Call Subscription Credit Facilities
Michael C. Mascia, Wesley A. Misson, Holly A. Morgan; Mayer Brown LLP;
Legal Alert/Article
July 14, 2012, previously published on July 12, 2012
On July 10, 2012, DBRS released its updated ratings methodology for Capital Call Subscription Credit Facilities. The Updated Methodology replaces an earlier iteration, which DBRS had originally released in November 2009. The Updated Methodology carries forward the original methodology’s...

 

Adobe PDFEnforceability of Capital Commitments in a Subscription Credit Facility
Zachary K. Barnett, Mark C. Dempsey, Michael C. Mascia, Wesley A. Misson; Mayer Brown LLP;
Legal Alert/Article
July 18, 2011, previously published on July 7, 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...