Fund Finance

Holland & Knight's Fund Finance Team brings to every deal its extensive experience representing both lenders and borrowers in billions of dollars' worth of private equity transactions.

We are adept at counseling our clients' partner loan programs and other co-investment facilities, subscription (capital call) facilities, management company facilities and net asset value-based (NAV) facilities.

Our strength stems from our attorneys' familiarity with the entire private equity ecosystem, having represented clients as both lender and borrower at every level of the private equity capital structure and during all stages of the fund life cycle. Guided by this experience, our lawyers structure deals that balance current and long-term needs and ensure, where appropriate, that language and covenants from one type of financing will be consistent with other facilities to the same equity sponsor.

Similarly, our substantial visibility into market conditions enables us to advise our clients as to what deal terms are appropriate from a market perspective, and, when needed, help them craft workable adjustments. Our goal is to facilitate the deal on the table and maintain our clients' relationships with their counterparties, while ensuring that our clients' interests are protected at all times.

In addition, the lawyers on our Fund Finance Team can call on hundreds of Holland & Knight colleagues with deep experience and knowledge in their fields, including those who are skilled in fund formation, tax, private wealth, bankruptcy, bank regulation and dozens of other legal issues that can arise in fund finance transactions.

Representative Matters

• Represented an international financial institution in negotiating and establishing numerous partner loan programs for private equity firm sponsors, secured by the partners' interests in various fund entities and general partner entities; program sizes ranged between $100 million to more than $1 billion
• Represented a major financial institution in connection with numerous revolving lines of credit for private equity firm management companies, secured by each company's right to receive management fees
• Represented several financial institutions in syndicated and bilateral capital call facilities to various private equity firm sponsors
• Represented various funds as borrowers under NAV loan facilities secured by pools of corporate loan facilities, consumer financial products and non-public equity investments (limited partnership interests)
• Represented various banks as agent/lender in NAV loan facilities made to funds originating and acquiring commercial and consumer loan products