The Federal Reserve Bank-sponsored Alternative Reference Rates Committee (ARRC) took significant steps last week with respect to four market consultations. The ARRC consultations outline draft language for new contracts that reference LIBOR so as to ensure these contracts will continue to be effective in the event that LIBOR is no longer usable.
The Cayman Islands office of offshore law firm Carey Olsen published this week a detailed thought leadership piece titled “Fund Finance and releases of investor commitments: How can lenders protect themselves?”
What if a fund borrows under a subscription line to acquire a portfolio company in the cannabis space? Or what if a fund seeks to join a cannabis-oriented portfolio company as a qualified borrower under a facility? Getting the munchies???
Financial institutions operating in the European fund finance market are increasingly having to familiarize themselves with sovereign or state immunity laws and how these laws interact across multiple jurisdictions. Waivers of sovereign immunity, while helpful, are not always perfect.
The State of Delaware recently amended the Delaware Limited Liability Company Act to create a new form of transaction called a “Division.” The impact of Divisions presents lenders making loans to Delaware LLCs with several new challenges.