Can You Get a Bank Loan?: Leveraging Traditional Financing in Syndication
The discussion is centered around the feasibility of obtaining a traditional bank loan while concurrently raising equity from investors for a syndication or fund, particularly in real estate. The answer is affirmative, but there are key considerations that require careful management.
Firstly, potential investors need to be aware that the bank, as the primary lender, is paid back before equity investors. Thus, this financing information must be transparently disclosed to all involved.
Secondly, lenders typically require a guarantor, irrespective of whether it's a non-recourse loan or a traditional recourse loan. In the event of a non-recourse loan, "Bad Boy carve-outs" are included, stating that in the case of fraud, the lender can still pursue the guarantor.
For traditional recourse loans, which currently constitute the majority of loans, the guarantor is typically the sponsor or another affiliate of the investment vehicle. If the sponsor lacks the financials to qualify as a guarantor, syndicators sometimes pay a fee to an investor who acts as the guarantor.
Lastly, banks commonly stipulate that no single participant in the syndication should own more than a certain percentage (usually 20%) of the fund. If this threshold is exceeded, that participant will need to sign on the loan and their details disclosed to the bank.
Overall, syndicators can use traditional and hard money financing to raise additional capital for asset acquisition in their investment vehicles, provided they manage the process correctly and transparently.
Read more about Reg D Structure - How should you structure your Reg D syndication offering?: https://www.moschettilaw.com/reg-d-syndication-structure/
Read more about Real Estate Fund Structures - Real Estate Syndication Fund Structures: https://www.moschettilaw.com/real-estate-syndication-fund-structures/
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Check out these Top Trending Blog Articles –
1.) What is Reg D? The King of Securities Exceptions - https://www.moschettilaw.com/reg-d/
2.) What is Syndication? Raising Outside Capital For Investment - https://www.moschettilaw.com/syndications-and-funds/
3.) Private Placement Memorandums for Syndications and Funds - https://www.moschettilaw.com/private-placement-memorandum-attorney/
4.) Real Estate Syndication: Raising Investment Capital For Properties - https://www.moschettilaw.com/real-estate-syndication/
Moschetti Syndication Law Group is a boutique syndication law firm, serving small and growth-bound syndicators, and well as private equity firms. We keep our firm ‘boutique’ size so we can tailor the services to each client’s unique needs without turning the firm into a faceless factory or passing unnecessary overhead expenses onto our clients. (As our client, you’ll only pay a fixed fee, so no surprises.) As for the client experience, we give real-time answers without making you book an official appointment. And we’ll work with your ambitions and overall vision to help you close the current deal and fill-in that ‘missing’ piece - whatever you need - to keep adding more syndications to your portfolio. We keep syndicators syndicating (TM).
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------Disclaimer------
Also, please note, this video and any content from Moschetti Syndication Law Group, Tilden, or anyone affiliated with either or both, does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information from these online sources may not constitute the most up-to-date legal or other information.
No viewer, user, or browser of content from us should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.
Firstly, potential investors need to be aware that the bank, as the primary lender, is paid back before equity investors. Thus, this financing information must be transparently disclosed to all involved.
Secondly, lenders typically require a guarantor, irrespective of whether it's a non-recourse loan or a traditional recourse loan. In the event of a non-recourse loan, "Bad Boy carve-outs" are included, stating that in the case of fraud, the lender can still pursue the guarantor.
For traditional recourse loans, which currently constitute the majority of loans, the guarantor is typically the sponsor or another affiliate of the investment vehicle. If the sponsor lacks the financials to qualify as a guarantor, syndicators sometimes pay a fee to an investor who acts as the guarantor.
Lastly, banks commonly stipulate that no single participant in the syndication should own more than a certain percentage (usually 20%) of the fund. If this threshold is exceeded, that participant will need to sign on the loan and their details disclosed to the bank.
Overall, syndicators can use traditional and hard money financing to raise additional capital for asset acquisition in their investment vehicles, provided they manage the process correctly and transparently.
Read more about Reg D Structure - How should you structure your Reg D syndication offering?: https://www.moschettilaw.com/reg-d-syndication-structure/
Read more about Real Estate Fund Structures - Real Estate Syndication Fund Structures: https://www.moschettilaw.com/real-estate-syndication-fund-structures/
👇 SUBSCRIBE TO THE MOSCHETTI SYNDICATION LAW GROUP YOUTUBE CHANNEL NOW 👇
https://www.youtube.com/channel/UCVh1CNQULC45Bh6j4WV2sjA?sub_confirmation=1
Check out these Top Trending Blog Articles –
1.) What is Reg D? The King of Securities Exceptions - https://www.moschettilaw.com/reg-d/
2.) What is Syndication? Raising Outside Capital For Investment - https://www.moschettilaw.com/syndications-and-funds/
3.) Private Placement Memorandums for Syndications and Funds - https://www.moschettilaw.com/private-placement-memorandum-attorney/
4.) Real Estate Syndication: Raising Investment Capital For Properties - https://www.moschettilaw.com/real-estate-syndication/
Moschetti Syndication Law Group is a boutique syndication law firm, serving small and growth-bound syndicators, and well as private equity firms. We keep our firm ‘boutique’ size so we can tailor the services to each client’s unique needs without turning the firm into a faceless factory or passing unnecessary overhead expenses onto our clients. (As our client, you’ll only pay a fixed fee, so no surprises.) As for the client experience, we give real-time answers without making you book an official appointment. And we’ll work with your ambitions and overall vision to help you close the current deal and fill-in that ‘missing’ piece - whatever you need - to keep adding more syndications to your portfolio. We keep syndicators syndicating (TM).
★☆★ CONNECT WITH THE MOSCHETTI SYNDICATION LAW GROUP ★☆★
YouTube: https://www.youtube.com/channel/UCVh1CNQULC45Bh6j4WV2sjA?sub_confirmation=1
Facebook: https://www.facebook.com/syndication.attorneys/
LinkedIn: https://www.linkedin.com/company/moschettilaw
Messenger: https://m.me/tildenm
Web: https://www.moschettilaw.com
#Syndication #PrivatePlacementMemorandum #PPM
------Disclaimer------
Also, please note, this video and any content from Moschetti Syndication Law Group, Tilden, or anyone affiliated with either or both, does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information from these online sources may not constitute the most up-to-date legal or other information.
No viewer, user, or browser of content from us should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.