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On May 3, 2004, the U.S. Securities and Exchange Commission ("SEC") proposed new and amended rules and forms (the "Proposal") to address comprehensively the registration, disclosure, and reporting requirements for publicly offered asset-backed securities ("ABS") under the U.S. Securities Act of 1933 ("Securities Act") and the U.S. Securities Exchange Act of 1934 ("Exchange Act").

On October 23, 2013, the Securities and Exchange Commission (SEC) proposed rules which would, if adopted, govern the offer and sale of securities under new Section 4(a)(6) (the "Crowdfunding Exemption") of the Securities Act of 1933 (Securities Act), provide a framework for the regulation of registered funding portals and brokers, and exempt securities sold pursuant to the Crowdfunding Exemption from the registration requirements of Section 12(g) of the Securities Exchange Act of 1934 (Exchange

Intercreditor arrangements have always been a feature of secured lending and structured finance, but the relationships and accommodations among lenders have become more important with the growing diversity of capital providers.

New guidelines released by the US Department of Energy in mid-August explain when the US government is prepared to guarantee repayment of commercial debt in energy projects. Congress authorized the Department of Energy to guarantee such debt in the Energy Policy Act in August 2005 for a variety of energy projects

The Securities and Exchange Commission (the "SEC") recently issued an advance notice of proposed rulemaking (the "ANPR")1 requesting public comment on the treatment of asset-backed issuers2 under Rule 3a-7 under the Investment Company Act of 1940 (the "Investment Company Act").

As AI-driven demand pushes data center projects beyond the capacity of any single sponsor, joint ventures are becoming the sector’s default delivery model.

Project financing has evolved significantly since it was first used to finance maritime operations and infrastructure developments in ancient Greece and Rome.

Municipal utilities are again using the proceeds from the sale of tax-exempt bonds to prepay for long-term supplies of natural gas. A significant number of these gas prepayment transactions closed in 2006. More are likely in the future.

The discussion includes a reflection on the challenges faced and strategies implemented as documentation provisions performed under enormous stresses as a result of the global pandemic.