Equity Financing: Using Stocks, Bonds, Mutual Funds and Other Investment Vehicles as Collateral
Navigating the Interplay of Regulations U and X, Rule 144, and UCC Articles 8 and 9 for Lenders and Borrowers
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will prepare business and finance counsel in structuring loan transactions in which stock, bonds, mutual funds and other investment vehicles are used as collateral to secure the loan. The program will address how to properly perfect the security interests while complying with Regulations U and X, Rule 144, and UCC Articles 8 and 9.
Outline
- Primary regulatory issues related to using collateral as investment vehicle interests to secure a loan
- Margin Regulations U and X
- Rule 144
- Bankruptcy safe harbors
- Requirements and methods for creating security interests in stock and other investment vehicles
- Lender remedies upon default
- Best practices for structuring the loan agreement and avoiding common pitfalls
Benefits
The panel will review these and other key issues:
- What are the regulatory issues related to using collateral as investment vehicle interests to secure a loan that are relevant to counsel?
- What are the best practices for finance counsel in structuring the loan agreement?
- What steps should lenders’ counsel take to avoid common pitfalls in creating and perfecting security interests in stock, bonds and other investment vehicles?
Faculty
R. Todd Ransom
Partner
Haynes & Boone
Mr. Ransom concentrates his practice in the areas of finance and energy. His finance practice includes the... | Read More
Mr. Ransom concentrates his practice in the areas of finance and energy. His finance practice includes the representation of hedge funds, private equity firms, investment banks and other financial institutions in connection with various financing arrangements, including margin lending agreements, other securities based financing arrangements, and structured equity finance transactions.
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Craig S. Unterberg
Partner
Haynes and Boone
Mr. Unterberg is a member of Haynes Boone’s Executive Committee and the managing partner of the firm’s New... | Read More
Mr. Unterberg is a member of Haynes Boone’s Executive Committee and the managing partner of the firm’s New York office. He has handled an industry-leading number of margin stock, NAV facilities, and structured equity transactions on behalf of financial institutions, private equity funds, and hedge funds. Mr. Unterberg heads up the firm’s New York-based Margin Lending and Structured Equity Practice Group and is a go-to lawyer for his clients on complex Regulation U and other regulatory matters.
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