New Foley Hoag Partner Discusses Trends in the Use of Capital Call Facilities Across the Private Funds Industry

Thomas Draper has joined the Boston office of Foley Hoag as co-chair of its debt finance practice. Draper has considerable experience representing companies and private equity sponsors in a range of acquisition financing transactions utilizing asset-based credit facilities, syndicated term loans and high-yield bond offerings. He has also worked on dozens of capital call facilities, as well as portfolio leverage and liquidity financings, for private and registered funds. In connection with his move to Foley Hoag, the Hedge Fund Law Report recently interviewed Draper about trends in private fund financing facilities. This article summarizes his thoughts on the development and use of capital call facilities; SEC scrutiny of these facilities; the impact of the Institutional Limited Partners Association guidance on subscription credit facilities; and overall trends in financing facilities for private funds. For additional commentary from Foley Hoag partners, see “HFA Symposium Offers Perspectives From Cybersecurity Industry Professionals on Preparedness, Vendor Management, Cyber Insurance and Cloud Services” (Jul. 7, 2016). To further explore the topic of capital call facilities, on Thursday, November 15, 2018, at 11:00 a.m. EST, the Hedge Fund Law Report will host a complimentary webinar discussing key considerations and prevailing trends in the use of subscription credit facilities by private fund managers. The webinar, entitled “Pros, Cons and Trends in the Use of Subscription Credit Facilities,” will be moderated by Rorie Norton of the Hedge Fund Law Report and will feature Draper, along with Cadwalader partner Michael Mascia. To register for the webinar, click here.

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