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JIBFL: Rated subscription lines: bringing fund governing documents and finance documents into focus

This article was first published in the May 2024 issue of Butterworths Journal of International Banking and Financial Law.

In this In Practice article we will explore the benefits of obtaining a rating for a subscription facility. By reference to ratings criteria announced by the main agencies, we will explore how the limited partnership agreement, side letters and the related finance documentation are analysed to arrive at a rating.

Fund Finance Update: FFA European Symposium 2024

On 2 May 2024, the Fund Finance Association hosted its 8th Annual European Fund Finance Symposium at the Queen Elizabeth II Conference Centre in London, bringing together participants from all corners of the fund finance community including GPs and fund managers, lenders, rating agencies, lawyers, and other advisers for a busy day of education and networking. Travers Smith was proud to once again be a Platinum sponsor, and our sincere thanks to the Fund Finance Association and all involved for their efforts in organising another fantastic Symposium.

UK signs Hague 2019 convention – what are the implications?

On 12 January 2024, the UK government signed the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (Hague 2019), a framework of rules facilitating the recognition and enforcement of civil and commercial judgments between contracting states. The contracting states to Hague 2019 are currently all EU member states except Denmark, plus Ukraine and Uruguay.

EMIR 3.0 final text published – what does it mean for users of derivatives?

In December 2022, the European Commission published its proposals for a regulation ("EMIR 3.0") amending the European Market Infrastructure Regulation ("EMIR"). On 13 February 2024, following negotiation and political agreement with the EU Parliament, the Council of the European Union released the final text of EMIR 3.0, which is expected to be published in the Official Journal pending Parliament's approval.

Travers Smith advises Cinnamon Care on the refinancing of two luxury care homes, increasing Cinnamon Care's total facilities with Leumi UK to £42.5 million

Travers Smith LLP has advised long-standing client Cinnamon Care Homes (Cinnamon Care) on the refinancing of two more luxury care homes in Exeter and Worcestershire with a £23 million facility from specialist lender Leumi UK, increasing their total facilities with Leumi UK to £42.5 million. 

GLI Fund Finance 2024 - Rated subscription lines: An emerging solution to the liquidity crunch?

Head of Finance Danny Peel, Partner Charles Bischoff and Senior Counsel Laura Smith have authored a chapter on rated subscription lines in the latest edition of Global Legal Insights' annual fund finance publication. In this chapter they consider the elements of fund and finance documentation that are likely to be in focus when assigning credit ratings, and explore what their application may mean for the fund finance market in the medium to longer term.

Adler Group – Court of Appeal sets aside a debt restructuring plan

The Court of Appeal has ruled that the previous decision of the High Court to sanction a restructuring plan ("Plan") that had been proposed by the Adler Group ("Adler") should be set aside. The decision marks the first appeal in relation to a restructuring plan under Part 26A of the Companies Act 2006 ("Companies Act") and the decision offers clarity on the approach to restructuring plans, particularly when considering issues of "fairness".

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