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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
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Description
Using stock, bonds and similar equity interests as collateral presents challenges due to unique planning and documentation issues, including consideration of securities laws and entity statutes.
Counsel must navigate the interplay between UCC Articles 8 and 9, Rule 144 and Margin Regulations (U and X)—and understand the bankruptcy safe harbors and foreclosure issues to protect their clients and issue opinions.
Corporate financing for tender offers, corporate acquisitions, mergers, stock buy backs, and going-private transactions require lenders and borrowers to incorporate knowledge of the regs to structure the loan agreement.
Listen as our panel of finance practitioners provides best practices for advising clients in structuring loan transactions in which securities, bonds and other investment vehicles are used as collateral. The panelists will offer their perspectives and experiences on the potential pitfalls involved in creating and perfecting the security interests while complying with Margin Regulations, Rule 144 and UCC Article 8.
Presented By

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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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Thursday, July 21, 2016
- schedule
1:00 PM E.T.
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?
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