Did the Distressed Debt Opportunity Slink by Me When I Wasn’t Looking?

I have spoken to a number of people over the past months who have raised money or built technology to take advantage of a broadly anticipated distressed opportunity which was certainly to be occasioned by the pandemic.  Did I miss it?  Was I distracted by the First Family’s secret service chomping dog controversy or the upcoming UFO big reveal?  Did it get by me when I simply wasn’t at my desk, making coffee? Continue Reading

You’re Invited: Permanent & Private Capital Summit 2021

Alongside co-sponsors ING and KBW/Stifel, next week Dechert is proud to be (virtually) hosting the 2021 Permanent & Private Capital Summit. This two-day conference, happening on June 2nd and 3rd, will cover the latest developments and trends in the private credit industry. You can view the full agenda now and register here for this can’t miss event!

Dechert OnPoint: Shari’a Compliant Investment Agreements Do Not Qualify for Safe Harbor

Sharia law prohibits interest, naturally putting financial minds to work on how to build structures around this religious prohibition. But a recent ruling has found that such investment agreements do not qualify for safe harbor provisions of the bankruptcy code. Shmuel Vasser breaks down the 100 page long complex opinion concisely and clearly sharing with us the critical potential implications of this decision, as the case goes through the appellate process. Read all about it here: A Recent Ruling that Shari’a Compliant Investment Agreements Do Not Qualify for Safe Harbor Treatment May Have Broader Implications.

 

 

SOFR Transition: It’s Not Done Yet!

We’ve written before about our anxiety regarding the fact that SOFR does not really seem fit for purpose to support commercial mortgage lending or indeed any cash product.  (The nonsense about charging interest in arrears should have been a tell, to be honest.)  Of course, the real problem is the absence of a credit-sensitive component to the new index, particularly in this time and place.  That strikes me as almost fatal to the ambitions of the ARRC to remake the market in its image.  SOFR is an open invitation for value transfer from lenders to borrowers at a time when inflation is closer than the horizon and an inexorable climb in the short end of the yield curve is most certainly on offer.

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A Modest Proposal: Why Can’t CRE CLOs Be More Like Corporate CLOs?

Here at Dechert, we have market-leading practices in CRE CLO as well as corporate CLOs, including broadly syndicated and middle market structures.  So, every day that I peer into these two alternate universes, I’m astonished at how different these two fundamentally similar leverage technologies really are.  Certainly, even at a modest remove, they look pretty much the same.  A sponsor is looking for match term leverage and has developed a healthy disquietude about the mark to marketness of the repo market and has read CrunchedCredit assiduously and understands that portfolio lenders need multiple modalities of leverage.  Said well-educated sponsor conveys financial assets into a securitization vehicle which issues time and ratings tranched debt to a wide range of investors seeking exposure to the space in a more liquid and more focused risk/yield return way.  Tada!

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We All Need Practice Spelling ESG

Let me first apologize to my readership. I have been very dilatory in getting this commentary done and this topic is… a bit daunting. In my defense, working for a living can get in the way of thinking and writing. In any event, I have been doing some considerable reading about Environmental, Social and Governance (ESG) issues recently. It had not really been on my screen, in a big way, but has been bubbling along as a thing, important to some, but not so much for us denizens of the commercial real estate finance space. Continue Reading

Rick Jones Q&A with the Mortgage Bankers Association

Crunched Credit’s own Rick Jones spoke with the Mortgage Bankers Association about both the threats and opportunities facing the CMBS market as the global pandemic rages on. Covering everything from the Biden Administration, and what it means for regulation in the banking industry, to the “hot mess” that is the LIBOR transition, the interview discusses a host of relevant topics. For more, including Rick’s optimistic outlook for 2021 and beyond, be sure to read the entire interview here: The CMBS Market During the Pandemic: Q&A with Dechert’s Richard Jones.

LIBOR: First They Blinked and Now Some Hope, But a New Problem and It’s Big

First, the ARRC, playing Charlton Heston, playing Moses, brings down from on high the ten commandments of SOFR and lo, we were sore afraid and with veneration, professed we had no God but SOFR.  A solution of sorts to a somewhat self-inflicted problem.  As we have observed before, we continue to think the solution to the problem of bankers diddling LIBOR is to punish bankers and shore up the system to make it more robust and not to blow up trillions of dollars of transactions and 40 years of precedent.  But that train has left the station.

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CREFC Annual Conference: The Virtual Edition

Last week, over 4,200 of our closest friends met virtually for the annual January conference by the Commercial Real Estate Finance Council, which is usually held in Miami. While we have all learned to go without in the last year, going without seeing the “smart resort wear” of our colleagues was almost too much to bear. Thankfully, CREFC put together an informative and interactive conference – complete with a virtual lobby that played in between sessions featuring a guy on his cell phone walking in circles. Talk about realistic! Best of all, CREFC honored the real reason we attend conferences and provided a “virtual swag bag.” All in all, CREFC did the best they could under the circumstances and we agree that’s all we ask of anyone or thing at this point. Continue Reading

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