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Foreign Investor Capital: Collateral Enforceability and Minimization of Risk

Winter 2014
Mayer Brown Article
Due to previous challenges in the United States fundraising market for sponsors of real estate, private equity and other investment funds (each a “Fund”), many Fund sponsors have sought to expand their sources of capital to include investors domiciled outside of the United States (“Foreign Investors”). As such, Fund sponsors are increasingly requesting that the unfunded capital commitments of these Foreign Investors be included in the borrowing availability under the Fund’s subscription credit facility.

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