News & Analysis as of

Loans

Goulston & Storrs PC

Mitigate Risks of Lender Liability Claims When Reworking Troubled CRE Loans

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I recently had the opportunity to present during a Strafford CLE webinar on strategies for mitigating the risks of lender liability claims when reworking troubled commercial real estate loans. A central theme throughout the...more

Cadwalader, Wickersham & Taft LLP

A Halloween Scare: Ambiguity in Loan Terms

A recent decision in the Commercial Division of the Supreme Court, New York County, emphasizes the importance of clear and unambiguous contract drafting in all lending situations, including real estate. Acting Supreme Court...more

Adams and Reese LLP

Programs Available to Veteran Entrepreneurs with Service-Connected Disabilities

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As defined by the U.S. Department of Veterans Affairs (VA), a service-connected condition means an illness or injury that was caused by, or got worse because of, active military service. Veterans who have service-connected...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Washington Update — November 2024

This month, we wanted to highlight some of the new energy-related programs and announcements from DOD, DOE, and other agencies, as well as other relevant news in the energy and sustainability sector. Next month, we will...more

Guidepost Solutions LLC

Why You Should Care About AI Governance

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Imagine this scenario: A financial institution adopted AI to automate credit decisions, but due to an inadequate governance framework, the system denied loans based on incomplete or biased data. When regulators and customers...more

Mintz - ML Strategies

Significant New Funding Opportunity: DoD Office of Strategic Capital Loan Program to Scale Critical Technologies

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On September 30, the Department of Defense’s (DoD) Office of Strategic Capital (OSC) announced its first-ever Notice of Funding Availability (NOFA) to provide loans for technologies that are critical to US national and...more

Troutman Pepper

California DFPI’s Earned Wage Access Regulations Approved by OAL

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On October 11, the Office of Administrative Law (OAL) approved the California Department of Financial Protection and Innovation’s (DFPI) proposed regulations on direct-to-consumer (i.e., non-employer offered) earned wage...more

GeoDataVision

Have Regulators Already “Raised the Bar” for CRA Exams?

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When the new 2023 CRA Rule was approved by regulators FDIC Chairman Martin Gruenberg indicated one of the goals was to “raise the bar” for CRA performance ratings. Now that the final 2023 CRA performance ratings are in it...more

Bass, Berry & Sims PLC

Manufacturing & Industrial: Outlooks & Trends

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As the manufacturing and industrial sectors continue to embrace digital transformation and navigate complex global markets, the year ahead presents both new opportunities and challenges. From evolving data privacy and AI...more

Proskauer Rose LLP

Proskauer Q3 Private Credit Default Index Decreases to 1.95%

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NEW YORK, October 23, 2024 – Leading international law firm Proskauer today revealed the results of its Q3 2024 Private Credit Default Index (“Default Index” or the “Index”), with an overall default rate of 1.95%. The Q3...more

Dickinson Wright

Ontario Court of Appeal Clarifies Limitation Periods for Loans, Gifts, and Estate Claims

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The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple...more

IR Global

How to Start a Law Firm With No Money

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Starting a law firm gives lawyers the unique opportunity to take control of their careers, allowing them to choose clients, focus on preferred legal areas, and run their practice the way they want. However, without access to...more

McDermott Will & Emery

Growing Interest in Utilising Equity Commitment Letters in the Context of Sponsor Margin Loans

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Equity Commitment Letters (ECL) are legal documents pursuant to which one party (typically the main fund or multiple funds managed by the sponsor) (the ECL Provider) commits to providing a certain amount of capital, usually...more

Orrick, Herrington & Sutcliffe LLP

DOJ, CFPB file complaint, propose order against mortgage company for alleged redlining

On October 15, the CFPB and DOJ announced an enforcement action against a mortgage company, alleging it engaged in redlining against majority-Black neighborhoods in the greater Birmingham, Alabama area. According to the...more

Pillsbury Winthrop Shaw Pittman LLP

Pentagon Unveils $984 Million Loan Program to Promote Critical Technologies

The Defense Department will provide loans and loan guarantees to support commercial supply chains for technologies that are critical to U.S. national security. The Defense Department Office of Strategic Capital will carry...more

Proskauer Rose LLP

Private Credit Explained: Plug The Gap - Minimizing Value Leakage -

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When negotiating credit agreements, lenders will focus on how to maximize the prospect of their loan being repaid in full at maturity...more

Cadwalader, Wickersham & Taft LLP

Next Stop: Charlotte October 2024 - Underwriting Secondaries Deals

The market for financing pools of interests in private equity funds and private credit funds continues to sizzle, with new lenders joining the market and competition on pricing leading to a tightening of spreads for the most...more

Bass, Berry & Sims PLC

DOD’s Office of Strategic Capital Announces First Notice of Funding Availability

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On September 30, the Department of Defense’s (DOD) Office of Strategic Capital (OSC) announced a notice of funding availability (NOFA) of up to $984 million in loans aiming to support the financing of certain covered...more

Ballard Spahr LLP

CFPB/Fed/OCC increase exemption thresholds for appraisal requirement, Regs Z and M

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The CFPB, Fed, and OCC have announced that they are increasing exemption thresholds that are subject to annual inflation adjustments.  Effective January 1, 2025 through December 31, 2025, these exemption thresholds are...more

Orrick, Herrington & Sutcliffe LLP

Agencies release annual adjustments to thresholds in TILA regulations, smaller loan exemption

On October 4, the CFPB and the Fed announced adjusted dollar thresholds for 2025 that determine whether certain consumer credit and lease transactions are subject to protections under TILA Regulation Z and Consumer Leasing...more

A&O Shearman

Syndicated DDTLs: New territory for acquisition lines?

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We are increasingly seeing requests for a committed acquisition/capex facility – often referred to as a Delayed Draw Term Loan (DDTL) – to be included as part of the initial capital structure on European syndicated leveraged...more

Proskauer Rose LLP

Private Credit Restructuring Trends: Sponsor Capital Infusions in Times of Distress

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One common denominator links nearly all stressed businesses: tight liquidity. After the liquidity hole is identified and sized, the discussion inevitably turns to the question of who will fund the necessary capital to extend...more

Troutman Pepper

DOJ Reaches Historic Multi-Million Dollar Redlining Settlement With Citadel Federal Credit Union

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On October 10, the U.S. Department of Justice (DOJ) announced a landmark redlining settlement with Citadel Federal Credit Union (Citadel), marking the first such agreement with a credit union in the DOJ’s history. This...more

Ballard Spahr LLP

Citadel FCU is first credit union to settle DOJ redlining complaint

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The Justice Department announced that Citadel Federal Credit Union has agreed to pay more than $6.5 million to resolve allegations that it engaged in a pattern or practice of redlining majority-Black and Hispanic...more

Cadwalader, Wickersham & Taft LLP

Inside NAV Loans October 2024 - What’s in a NAV Loan?

The purpose of this article is to unpack the basic building blocks of what constitutes a NAV Loan to make sure that market participants have a basic understanding of what is in a NAV Loan and their key negotiated issues. As...more

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