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Expert Analysis

The Enforceability Of Capital Commitments

Law360, New York (October 13, 2011, 6:17 PM EDT) -- A subscription credit facility, also frequently referred to as a capital call facility, is a loan made by a bank or other credit institution to a closed end real estate or private equity fund. The defining characteristic of a facility is the collateral package: the obligations are typically not secured by the underlying assets of the fund, but instead are secured by the unfunded commitments (the "capital commitments") of the limited partners of the fund (the "investors") to fund capital contributions ("capital contributions") when called from time to time by the fund or the fund's general partner....

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