With more than 25 years of experience in the financial services industry, Todd Cubbage represents lenders and commercial paper conduits in structuring, negotiating, and documenting sophisticated lending arrangements. Lenders rely on Todd’s solutions-oriented approach to arranging multi-jurisdictional subscription-secured credit facilities with top-tier private equity and real estate funds. As a result, he has served as lead counsel on many of the largest domestic and cross-border subscription credit facilities. Prior to focusing on subscription lending, Todd represented commercial banks and commercial paper conduits in connection with corporate and middle-market loans, leases, and securitization transactions.
Todd establishes strong personal and professional relationships with his clients, serving as a partner in the pursuit of their goals. He understands that his clients are more likely to achieve optimal results when all parties are focused and collaborative, so he maintains a firm but fair approach with opposing parties and counsel to achieve his clients’ objectives. Clients appreciate Todd’s ability to identify and understand their needs, and his skill at structuring and negotiating transactions to get deals done.
Todd is regularly called upon to speak on topics related to lending and financial markets, including at recent Fund Finance Association panels and other industry-specific conferences. Having relocated to open the firm’s Charlotte office in 2018, Todd now serves as the office’s administrative partner.
- Within the last 18 months, represented major U.S. lenders and conduit programs in over $6.9 billion of subscription secured loan facilities to real estate private equity funds.
- Representation of major U.S. lenders as lead agent and arranger in $550 million multi-currency, multi-jurisdictional working capital credit facility for a major international logistics corporation.
- Representation of a leading domestic bank in a $50 million revolving credit facility for multi-jurisdictional borrowers.
- Dallas Bar Association, Business Law Section
- State Bar of Texas, Business and Corporate Law Section
- State Bar of Oklahoma, Financial Institutions and Commercial Law Section
- State Bar of Oklahoma, Commercial, Banking and Bankruptcy Law Section
- State Bar of Illinois
- Selected for inclusion in The Best Lawyers in America, Woodward/White, Inc., for Banking and Finance Law, 2022-2024
- "Treatment of HNW Feeders in Subscription Secured Credit Facilities," co-author, Bloomberg Law, May 5, 2023.
- “Declining Funding Ratios of City and County Pension Systems: Impact on Private Equity Fund Financing,” co-author, Haynes Boone client alert, September 2022.
- “What Sanctions Mean for Funds’ Subscription Credit Facilities,” co-author, Law360, May 2022.
LL.M., Financial Transactions, ChicagoKent College of Law, 1998, with honors
B.S., Finance, Oklahoma State University, 1990
J.D., University of Tulsa, 1993
The private markets have seen a slowdown in fundraising these past few years as economic conditions continue to tighten and the denominator effect takes greater hold on institutional investors.1 This fundraising slowdown is exacerbated by a difficult exit environment, which delays forecasted returns and distributions to investors. Demand for private capital commitments remains high; but funds are [...]