Operational Challenges for Private Fund Managers Considering Subscription Credit and Other Financing Facilities (Part Three of Three)

As subscription credit facilities and other financing facilities become more prevalent in the industry, hedge fund and other private fund managers seeking to use them on their funds’ behalf must be mindful of the operational complexities that attend those structures. In addition to finding the right geographical market, managers must negotiate favorable provisions in facility documents and be wary of such a facility’s risks, including consequences of default. In a recent interview with the Hedge Fund Law Report, Zac Barnett and Liz Soutter, partners at Mayer Brown, discussed subscription financing facilities and other debt facilities used by funds. In this final article in a three-part series, the partners outline geographical, structuring and operational considerations managers should bear in mind when establishing financing facilities. The first article examined subscription facilities, including their prevalence in the asset management industry, investor response to these structures and primary considerations for managers anticipating entering into a facility. The second article explored other types of financing facilities, such as fund-of-fund facilities, portfolio acquisition facilities and general partner support facilities, and their evolution in the current market. For insight from other Mayer Brown attorneys, see “Private Equity FCPA Enforcement: High Risk or Hype?” (Feb. 19, 2015).

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