Allen & Overy’s global fund finance practice has extensive experience in advising banks, agents, alternative lenders and investment fund managers on a broad range of upstream and downstream facilities.
Our lawyers bring in-depth technical and commercial knowledge to a wide range of lending structures across the fund finance spectrum. Working alongside specialist lawyers in our real asset (including private equity, real estate, transportation and infrastructure), tax and regulatory teams, we offer an exceptional breadth of experience and as a result our clients benefit from our clear understanding of the current legal and commercial issues relevant to all parties in fund finance transactions.
A particular strength is our ability to offer specialists across our global fund finance practice and in the key areas of finance, fund establishment, tax and regulatory. These specialists frequently work together on financing transactions involving different types of assets across multiple jurisdictions. We regularly work on facilities with European (including UK and Luxembourg) and offshore (including Channel Islands and Cayman Islands) entities. We have a deep understanding of the issues relevant both for financiers and also for funds and their investors.
We advise clients on
Asset backed facilities (NAV based)
Capital call and subscription credit facilities
Fund due diligence for lenders
A facility which looks down at the underlying assets (as for an asset backed facility) as well as requiring there to be headroom in the undrawn commitments of investors.
These can be:
- ‘true’ hybrid facilities, including full security and credit analysis on the investors, the funds assets and underlying cashflows; or
- a variant on a capital call facility with an additional net asset value covenant inserted which will take effect once the ratio of undrawn investor commitments to financial indebtedness reaches a particular level.
Download Financing the Economy 2021
Download the report to find out how direct lenders are integrating sustainability principles into their investment strategies.
News and insights
Publications: 13 February 2023
In this podcast, A&O Partner Kamar Jaffer (Dubai) and Counsel Miao Wang (Luxembourg) discuss the key legal and regulatory trends in Luxembourg, a popular onshore jurisdiction for fund establishment.…
Publications: 01 December 2022
The next podcast in the Channel Islands series of Selecting your Fund Domicile focuses on topical fund trends in Jersey and features Sophie Reguengo, a Jersey based partner at Ogier.
Publications: 22 November 2022
The next two podcasts focus on topical fund trends in the Channel Islands, presented by expert speakers at law firm Ogier. Our discussion starts with Guernsey and features Tim Clipstone, a Guernsey…
Publications: 04 October 2022
On 20 September 2022, the CSSF published a new FAQ providing guidance on fund marketing communications. The FAQ clarifies the CSSF expectations in relation to: