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ARTICLE · 13 AUGUST 2024

ILPA Guidance On NAV Facilities

Proskauer Rose LLP
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ILPA's recent guidance on NAV facilities for private equity funds emphasizes transparency and standardization in their use. It highlights concerns about increased portfolio risk, lack of LP insight, and inconsistent documentation. ILPA recommends clear LPA provisions, LPAC consent, and detailed disclosures to address these issues.

United KingdomFinance and Banking

On 25 July 2024, the Institutional Limited Partners Association ("ILPA") published guidance (the "Guidance") on the use of net asset value ("NAV") facilities. The Guidance specifically applies to private equity funds and does not address the use of NAV facilities in other strategies, such as secondaries, private credit or real estate.

NAV facilities are debt facilities backed by the value of a fund's underlying assets, commonly used when most of a fund's commitments have been drawn from investors. As ILPA notes in the Guidance, there are various use cases for NAV facilities, including generating defensive capital to protect portfolio value, financing value creation opportunities such as add-ons and making distributions to investors. Structurally, the borrower of a NAV facility may be the fund or a special purpose vehicle ("SPV") sitting directly or indirectly below the fund. The collateral package almost always includes security over the fund's accounts into

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