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Whether you are considering hypothecation, participation, a fund, or any other type of capital-raising activity, there are a variety of exemptions that the sponsor or broker may rely on. This article discusses the securities exemptions related to these types of investments, and potential trade-offs, limitations, and legal implications among securities exemptions that managers and servicers …

Hypothecations and Participations: Securities Exemptions in Private Lending Read More »

Since 2018, mortgage REITs have become an immensely popular strategy for funds in the private lending space. The primary reason for this is the 20% Qualified Business Income deduction granted to REIT dividends. There are a lot of myths floating around regarding REITs as they relate to the private lending industry and the commonly used …

Mythbusting: Common Myths Regarding Mortgage REITs for Private Lenders Read More »

A side letter— also often referred to as a side agreement or side letter arrangement—is an agreement that supplements, amends, or modifies main contractual provisions. In the private investment arena, the main contractual provisions are the offering documents. The side letter modifies or supplements certain portions of the offering documents, which are typically preferential to …

[COVID-19] What is a Side Letter? Read More »