Funds Finance

Our market leading funds finance practice advises banks, hedge fund managers, private equity funds, real estate funds and investment fund managers.

Recognised for both technical excellence and outstanding commerciality, our market leading international funds finance practice advises financial institutions, alternative lenders, funds and sponsors in a wide range of financings involving different asset classes. Our areas of focus include capital call facilities, NAV facilities, hybrid facilities, GP/co-invest facilities and SMA facilities involving private equity, debt, credit, real estate and infrastructure funds.

"It is a very knowledgeable team with great subject matter knowledge." - Chambers UK (Band 1)

We advise on financing closed-ended funds and open-ended funds (e.g. OEICs, unit trusts and co-ownership schemes and investment trusts).  We deal with fund structures (including feeder and parallel funds) based in England, Scotland, Ireland, Luxembourg, the Netherlands. Germany, France, Delaware, the Cayman Islands, the Channel Islands, Mauritius, Spain and Italy.

Fund structures continue to evolve at an increasing pace to adapt to investor demands.  This has led to developments in fund documentation terms which require careful analysis. Working closely with our fund formation, regulatory, derivatives, structured finance, securitisation and tax teams, we understand how funds are structured and the related financing issues, ranging from taking and perfecting security from and over different investment vehicles to anticipating and dealing with concerns typically raised by general partners, investors and lenders. Our experience includes dealing with sovereign wealth funds, development finance institutions, international finance institutions, insurers and pension fund investors.

"Very strong technically with very good market insight. We always feel we have the upper hand in negotiations with their thoroughness, focus and expertise." Legal 500

We have leading lawyers in the areas of funds finance, formation, regulatory, derivatives and tax, both in London and internationally through our network of offices across Europe, the Middle East, and Asia and with relationship firms in other jurisdictions. In particular, we have expanded significantly in Luxembourg and Dublin where an increasing number of funds are domiciled.

Our combined finance and funds expertise and Simmons' well-established position on the panels of leading financial institutions provides our clients with an unrivalled, broad and deep market insight both from the lender and the borrower/sponsor side. We believe we are one of the few firms in the UK/Europe acting for both lenders and borrowers/funds in equal measure due to our Financial Institution and Asset Management sector focus.

Shortlisted for Fund Financing Advisory Team - The Drawdown Awards 2023

Our experience

Hybrid facility

Advising on a subscription line facility and separate NAV facility advanced to a Luxembourg and Delaware domiciled master-feeder funder structure, with intercreditor provisions governing the relationship between the subscription line (funding in at the fund level) and the NAV facility (advanced to the common asset holding entities). The asset portfolio consisted of performing corporate loans originated within the structure or acquired on the European loan markets.

Hybrid facility

Advising on a subscription line & NAV hybrid facility advanced to a Luxembourg domiciled master-feeder funder structure which originated and acquired corporate loans in W. Europe. The capital call rights security consisted of cascading share pledges flowing down from the feeder fund vehicles to the master fund borrower.

Lenders - NAV facility

Advising the lenders on a NAV facility secured over a portfolio of originated UK real estate development loans over residential property and student accommodation. The borrower was a UK domiciled asset company owned by private equity which provided equity commitment support in respect of the junior debt funding, and with new loans again originated within the structure. The funding was structured under a loan note issuance deed to comply with UK tax requirements.