United States: Fund Finance

Valuations and fairness opinions have become essential tools in fund finance transactions as deals grow more complex. This analysis explores how these independent third-party assessments help fund sponsors, limited partners, and lenders navigate conflicts of interest, satisfy fiduciary duties, and establish transparent pricing in continuation vehicles, NAV lending, and affiliated asset transfers.

In TSLA Capitals, S.A.P.I. de C.V. v. ATL Funds, LLC (“TSLA Capitals”), the Court granted summary judgment in lieu of complaint under CPLR 3213 on a partially paid promissory note exceeding $24MM.

This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility's borrowing base, the underlying loan's obligor cannot be a governmental authority.