8 Operating Agreement Tips For Funds Seeking Financing
Kris Henman, Peter Beardsley and Opeyemi Akinbamidele are published in Law360 for their article titled, "8 Operating Agreement Tips For Funds Seeking Financing." They write, "Private equity and venture capital investment funds are increasingly interested in entering into credit facilities to provide these funds with short-term liquidity. These credit facilities will typically be structured as a capital call credit facility or a subscription credit facility in which the lender will agree to make loans available to the fund based on some percentage of the fund’s remaining uncalled capital (i.e., the amount of capital the fund can call from its investors). Although some of these facilities may be unsecured, most of them are usually secured either by a blanket lien or a limited lien on the proceeds of the fund’s capital calls, the right of the fund and its general partner or manager (managing entity) to call capital, and the fund’s investments."