Haynes and Boone Lawyers Author Chapters for Fund Finance Publication


Haynes and Boone, LLP lawyers have authored two chapters in “Global Legal Insight to Funds Finance 2018,” which was produced in partnership with the Fund Finance Association.

Washington, D.C., Partner Ellen McGinnis, and Dallas Partners Erin England and Rick Anigian wrote a chapter titled: “Enforcement: Analysis of lender remedies under U.S. law in subscription-secured credit facilities.” The chapter provides readers a greater understanding of lenders’ legal rights under subscription-secured credit facilities and the process of enforcement against a borrower and its investors, and outlines issues for consideration in assessing risk, pricing risk and properly documenting subscription-secured facilities.

London Partners Emma Russell and Zoë Connor, and London Associate Emily Fuller wrote a chapter titled: “Comparing the European, U.S. and Asian fund finance markets.” The chapter considers the differences between those markets’ approaches to fund finance from a high-level market perspective and the contrasting nuances of transactions in the markets.

“Building on the 2017 overview, the 2018 edition of the book provides a comprehensive, international survey of fund finance issues, and will be a vital resource for funds and financial institutions,” said McGinnis, co-chair of Haynes and Boone’s Fund Finance Practice Group. “The chapters we have authored for the series underscore the strength and breadth of our Fund Finance Practice.”

“Global Legal Insight to Funds Finance 2018,” according to the publisher, will be promoted and distributed at FFA conferences throughout the year, including the Global Fund Finance Symposium in March in New York, the Second Annual Asia-Pacific Fund Finance Symposium in June in Hong Kong and the Fourth Annual European Fund Finance Symposium in October in London.

Haynes and Boone is a global leader in the representation of U.S. and foreign commercial and investment banks arranging capital commitment subscription financings for private equity funds in North America, Europe, Latin America and Asia. In the last two years, the firm has represented investment and commercial banks and other financial institutions as lead agent and arranger in structuring and documenting such facilities with total value of more than $45 billion, to domestic and global real estate and non-real estate private equity funds across the globe. Haynes and Boone has 30 years of industry experience with subscription facilities and takes a multidisciplinary approach to working with the clients and the clients' customers on each transaction.