Examples of EU Risk Retention Rules in a sentence
For the avoidance of doubt, in no event shall the Indenture Trustee have any responsibility to monitor compliance with or be charged with knowledge of the EU Risk Retention Rules, nor shall it be liable to any Applicable Investor, Noteholder or any party whatsoever for any violation of such EU Risk Retention Rules or such similar provisions now or hereafter in effect or for any breach of any term of this Agreement.
Further, the range of investment strategies and investments that the Fund is able to pursue may be limited by the EU Risk Retention Rules, for example, where, as may be determined by the Investment Adviser, the Fund is ineligible to invest in certain CLOs and other securitization investments in which the parallel funds are eligible to invest, because such investments are not compliant with the EU Risk Retention Rules.
There may be other adverse consequences for Investors and their commitments in the Fund as a result of the EU Risk Retention Rules, including the changes to the EU Risk Retention Rules introduced through the Securitization Regulation.The EU Risk Retention Rules and Securitization Regulation may be subject to change, or their application or interpretation may change.
Prospective investors are themselves also responsible for monitoring and assessing changes to the EU Risk Retention Rules, and any regulatory capital requirements applicable to the Investor, including any such changes introduced through the Securitization Regulation.
Moreover, the Securitization Regulation expands on the types of Affected Investor to which the due diligence requirements apply.Investments by the Fund which involve the tranching of credit risk associated with an exposure or pool of exposures (such as collateralized loan obligations (“CLOs”) are likely to be treated as “securitisations” under the EU Risk Retention Rules.
The requirements in the EU Risk Retention Rules could increase the costs of such investments for the Fund and, where it acts as the Risk Retention Holder, reduce the Fund’ liquidity and prevent the Fund from entering into any credit risk mitigation in respect of such investments.
The current EU Risk Retention Rules are contained in the Regulation (EU) 2017/2402 (the “Securitization Regulation”), which repealed and replaced the prior EU Risk Retention Rules and applies from January 1, 2019 (subject to certain transitional provisions regarding securitizations the securities of which were issued before January 1, 2019).
Investors should be aware that there are material differences between the EU Risk Retention Rules imposed prior to January 1, 2019 and the EU Risk Retention Rules contained in the Securitization Regulation.
If such investments are “securitisations” within the EU Risk Retention Rules, the sponsor or originator of the transaction (which could be the Investment Adviser or the Fund in certain cases) may be required to act as the Risk Retention Holder.
If refinancing opportunities were limited at such time and the Seller was unable to repay the Retention Collateral Arrangements, it may therefore cause the Transaction to be non-compliant with the EU Risk Retention Rules.