Worldwide: Finance and Banking

Business development companies have evolved sophisticated financing structures spanning subscription facilities, asset-based lending, CLO issuances, and structured credit products.

Preferred equity is transforming structured finance by enabling sponsors to attract third-party capital below rated debt without diluting residual positions or triggering additional rating requirements. This analysis examines how CFOs, CLOs, NAV facilities, and other securitization vehicles are deploying bespoke preferred structures to widen investor pools while preserving manager incentives. What contractual mechanics, legal considerations, and market dynamics are driving this shift from niche accommodatio

Payment-in-kind (PIK) interest allows fund borrowers to defer cash interest payments by converting them into additional principal obligations, offering a powerful liquidity management tool for private equity and real estate investment funds. This analysis examines the strategic considerations, tax implications, and regulatory guardrails that both borrowers and lenders must evaluate when implementing PIK interest provisions in subscription and NAV facilities. From leverage covenant compliance to interest rat

The FDIC and OCC have proposed yet another overhaul of Community Reinvestment Act regulations, marking the latest attempt to modernize rules that have remained largely unchanged since 1995.

Federal banking regulators propose sweeping changes to mutual holding company rules, insider lending thresholds, and Community Reinvestment Act regulations. Will these modernization efforts reduce compliance burdens while maintaining appropriate safeguards for financial institutions and consumers?

The Federal Reserve Board has proposed the first comprehensive update to mutual holding company regulations since 2011, aiming to improve capital access for mutual banking organizations. The proposal would clarify that mutual capital certificates and special deposits can qualify as regulatory capital, streamline dividend waiver procedures, and eliminate outdated procedural requirements inherited from the former Office of Thrift Supervision.

Sponsors and corporates face an increasingly complex legal and regulatory landscape when implementing hedging strategies in debt financings. This comprehensive guide examines the critical coordination required between treasury, legal teams, financial advisors and hedge providers to navigate ISDA documentation, regulatory compliance under EMIR and Dodd-Frank, and deal-contingent structures.

In leveraged and asset-based lending, the unitranche structure offers a sophisticated approach to allocating risk and return among lenders within a single credit facility. How do first out and last out arrangements work in practice, and what critical provisions should lenders negotiate to protect their interests? This analysis examines the mechanics, economic features, and key considerations that inform participation decisions in these increasingly popular financing structures.

Representations and warranties insurance (“RWI”) for mergers and acquisitions (“M&A”) is more accessible than ever due to increasing democratization in the market.

On August 11, 2026, a coalition of ten state attorneys general filed suit in the U.S. District Court for the District of Oregon challenging two OCC rules that preempt certain state laws...

The Massachusetts Appeals Court examined whether demanding default interest at an unlawful rate constitutes an unfair business practice under Chapter 93A, even when the lender believed the rate was permissible based on acquired loan documents. The decision turned on factual findings regarding the lender's knowledge and intent when purchasing and enforcing a mortgage containing a usurious interest provision.

A recent bankruptcy court decision highlights critical lessons for secured creditors about the difference between having access to cash collateral and actually holding it as security. The case demonstrates how inadequate documentation and commingling of funds can result in the complete loss of a substantial secured claim, even when the creditor believed it had proper protections in place.