• videocam Live Webinar with Live Q&A
  • calendar_month June 29, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Banking & Finance
  • schedule 90 minutes

Lending to Private Credit Funds: ABL, Mezzanine and Other Facilities, Rated Notes, Partner Loans

Assessing Ability to Transfer and Modify Underlying Loans, Durational Risk, Remedies

About the Course

Introduction

This CLE course will examine the structuring of loans for private credit funds, including NAV/ABL credit facilities, rated notes, partner loans, and other methods by which private lenders finance their lending capabilities. The panel will discuss special concerns with private credit funds, including the assignability and ability to modify or exercise remedies on underlying loan assets.

Description

Private credit funds employ a wide range of leverage strategies and products to facilitate investments (i.e., loans), improve returns, manage cash flows, and to achieve other goals. This program will provide an overview of the main types of leverage employed by private credit funds. It will also address key considerations for private credit fund managers/sponsors and their counsel, as well as lenders and lenders' counsel. 

Private credit funds often use subscription-backed credit facilities for numerous reasons, including as a bridge to capital calls or other permanent or asset-level financing. As funds mature beyond their investment or commitment periods, they then seek NAV credit facilities with availability based on the value of the underlying portfolio investments of the fund.

These two phases of financing have historically been distinct transactions. However, borrowers and lenders are increasingly exploring hybrid credit facilities which provide lenders with recourse to both uncalled capital commitments (the typical collateral under subscription credit facilities) and underlying investment assets (the traditional credit support under NAV credit facilities). It is beneficial for counsel to have a thorough understanding of subscription and NAV credit facilities and how components of each factor into a hybrid credit facility.

Listen as our authoritative panel discusses the different credit facilities available to private credit funds and the nuances of each. The panel will also address UCC perfection issues concerning the various interests pledged.

Presented By

Jennifer Cotton
Managing Director, Private Credit
Third Point LLC

Ms. Cotton joined Third Point’s Private Credit team in 2024. Prior to joining Third Point, she served as a Managing Director for Apogem Capital, a subsidiary of New York Life formed by the merger of three boutique investment firms, including Madison Capital Funding. Prior to the merger with Apogem Capital, Ms. Cotton served nearly 15 years in positions of increasing responsibility most recently as Chief Underwriting Officer for Madison Capital, a middle market lender to private equity-backed companies. She began her career in commercial lending at National City Bank. Ms. Cotton earned a Master of Business Administration from the Simon Business School at the University of Rochester and a B.A. from the State University of New York College at Geneseo. 

Jeff Johnston
Executive Vice President, Group Head, Asset-Backed Finance
EverBank, N.A.

Mr. Johnston is the Executive Vice President, Group Head – Asset-Backed Finance for EverBank. Prior to joining the bank, he was a Managing Director and the Head of Asset Management within Wells Fargo’s Corporate & Investment Banking group, with oversight of a nearly $100 billion portfolio of bank commitments. Before founding the Subscription Finance business at Wells Fargo in 2010, Mr. Johnston was responsible for the portfolio and workout of over $10 billion of legacy structured products for the bank, including cash and synthetic ABS and CRE CDO’s, total return swaps and RMBS positions. Earlier in his career, he worked at Bank of America in their Global Structured Products group working on securitizations and financings for a variety of different asset classes. Mr. Johnston is a co-founder and Chairman of the Board for the Fund Finance Association, a global industry organization for constituents in the fund finance space. He is considered an original thought leader of fund finance and a frequent speaker at industry conferences.

Darin Schmalz
Senior Director, Corporate Credit Funds
KBRA Holdings, LLC

Mr. Schmalz is a Senior Director within the Corporate Credit Funds team at KBRA. He focuses on ratings and analytical assessments of private credit funds, direct lending vehicles, feeder fund notes, and other alternative investment structures. Prior to joining KBRA, Mr. Schmalz was a portfolio manager within the asset management group at Antares Capital, where he managed various senior debt investment strategies. Previously, he led structured credit and fund initiatives at Maranon Capital. Earlier in his career, Mr. Schmalz held senior underwriting and investment roles at CapitalSource Finance and JPMorgan Securities and worked at Fitch Ratings, where he specialized in corporate credit and structured finance. He received a Bachelor of Arts degree from the University of Notre Dame and an MBA from DePaul University’s Kellstadt Graduate School of Business.

Jan Sysel
Partner
A&O Shearman

Mr. Sysel has extensive experience representing sponsors, borrowers, arrangers, and lenders across the full range of products in fund finance and adjacent financing transactions. He advises clients on structuring, negotiating, documenting, and executing a broad spectrum of financings, including syndicated senior facilities, mezzanine facilities, and private debt placements. Mr. Sysel’s work spans unsecured and secured facilities with a particular focus on fund subscription, NAV and hybrid facilities, management company facilities, employee loan programs and other forms of investment fund leverage, as well as related transactions including back-leverage, rated note funds, collateralized fund obligations and, other securitized fund assets and bespoke structured financings. Mr. Sysel currently serves on the Fund Finance Association (FFA) U.S. Advisory Council, and he frequently speaks at FFA and other industry conferences. 

Richard Wheelahan III
Co-Founder
Fund Finance Partners

For over 15 years, Mr. Wheelahan has been advising fund sponsors and lenders, in both an advisory and principal capacity. Prior to co-founding FFP, he was the General Counsel, Chief Compliance Officer and a Director of a $3 billion asset manager investing debt and equity in lower middle-market companies. During his 10-year tenure, Mr. Wheelahan executed numerous capital markets initiatives on behalf of the firm’s investment vehicles and oversaw fund formation activity, developing comingled funds, SMA concepts, a NASDAQ-listed BDC, and joint ventures. He also executed financings for the foregoing, including but not limited to subscription facilities, corporate and SPV revolvers, total return swaps, hybrid and NAV credit facilities, GP/asset manager lines of credit and securitizations of credit assets. Mr. Wheelahan’s breadth of asset management experience presents valuable, innovative expertise to fund sponsors dealing with fundraising, investor relations, compliance, financing, and portfolio management challenges and opportunities. He began his career as an attorney with two large law firms, representing Fortune 500 companies, privately held entities and alternative asset managers with M&A and capital markets activities, and financial institutions in the execution of leveraged finance and securitization transactions.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Monday, June 29, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Brief overview of what is and is not a private credit fund

A. Publicly traded or otherwise registered funds (BDCs)

B. Investment in CUSIP or a mix of private and CUSIP loans

C. Warrants and equity co-investments as part of the primary investment strategy

D. Single-investor vehicles or JVs between institutions

II. Private credit strategies: direct lending, ABL, mezzanine, opportunistic/distressed investing, portfolio lender, and fund finance strategies

III. Target return profiles and how that can impact funds' use of leverage

IV. Ways that private credit funds use leverage

A. Subscription credit facilities

B. NAV/ABL credit facilities

C. Hybrids (mostly applicable in credit)

D. Rated notes/rated feeder structures

E. TRSs

F. Back leverage

G. Other products: GP/partner loans, management company lines of credit

V. Considerations specific to private credit funds

A. Ability to leverage capital commitments in the form of debt

B. Restrictions on assigning/pledging/transferring loans

C. 1940 Act or non-1940 Act fund

D. When to exercise which remedies (foreclosure vs. collateral manager replacement)

E. Ability to modify loans (restrictions thereon)

F. Challenges of providing revolver facilities/accessing quick capital for this purpose

VI. Best practices

The panel will review these and other important issues:

  • How does a fund's lending strategy affect its own financing options?
  • What types of credit facilities and other leverage options are available to private credit funds?
  • What questions or concerns should a private credit fund or its legal counsel, or a lender or its legal counsel, have with respect to a fund whose primary assets are its underlying loans?