Press Release

Haynes and Boone Lawyers Author Two Chapters in Fund Finance 2020

January 24, 2020
Haynes and Boone, LLP lawyers contributed two chapters in “Global Legal Insights to Fund Finance 2020,” which was produced in partnership with the Fund Finance Association.

The newly-published book covers legal trends and developments in the greater fund finance markets and gives law firms, financial institutions, funds and investors comprehensive insight into 19 global jurisdictions.

Haynes and Boone Partners Ellen McGinnis, Erin England and Rick Anigian wrote a chapter titled: “Enforcement: Analysis of lender remedies under U.S. law in subscription-secured credit facilities.” The chapter gives readers a greater understanding of lenders’ legal rights under subscription-secured credit facilities and the process of enforcement against a borrower and its limited partners. As the lawyers noted in the introduction to the chapter: “Lenders must be prepared to execute every step of their enforcement strategy, beginning with the occurrence of an event of default, through the decision to accelerate the obligations, to the exercise of remedies and, finally, to recovery of payment.” Firm Associates Mitchell Heyland, Robin Ladd and Carl Gruenberg contributed to the chapter.

Partner Emma Russell and London Associate Emily Fuller wrote a chapter titled: “Comparing the European, U.S. and Asian fund finance markets.” The chapter considers the differences between these markets’ approaches to fund finance from a high-level market perspective and the contrasting nuances of transactions in the markets.

“Over the last few years there has been a shift by certain banks in Europe to an approach more akin to that taken in the U.S,” Russell and Fuller write. “By comparison, the Asian market is still primarily relationship-driven, both by lender relationships with fund sponsors and, in many instances, with investors. This results in more bespoke covenant structures and deal terms.”

“As illustrated by our contributions to this important publication, our lawyers continue to be thought leaders who closely track developments in fund finance markets worldwide,” said McGinnis, co-chair of Haynes and Boone’s Fund Finance Practice Group.

Haynes and Boone, LLP is an international corporate law firm with offices in Texas, New York, California, Charlotte, Chicago, Denver, Washington, D.C., London, Mexico City and Shanghai, providing a full spectrum of legal services in energy, technology, financial services and private equity. With more than 575 lawyers, Haynes and Boone is ranked among the largest U.S.-based firms by The National Law Journal, The American Lawyer and The Lawyer. It also ranks among the nation’s most recommended law firms by general counsel, according to BTI Consulting Group’s “Most Recommended Law Firms 2019” report.
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