Examples of EU Risk Retention Rules in a sentence
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.
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.
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.
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.
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current EU Risk Retention Rules are contained in the Regulation (EU) 2017/2402 (the “Securitization Regulation”), which repealed and replaced the prior EU Risk Retention Rules and applies from January 1, 2019 (subject to certain transitional provisions regarding securitizations the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).
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.
EU Risk Retention Rules Investors should be aware of the EU risk retention and due diligence requirements which currently apply, or are expected to apply in the future, in respect of various types of EU regulated investors including credit institutions, authorised alternative investment fund manager, investment firms, insurance and reinsurance undertakings and UCITS funds.
None of the Issuer, the Security Agent, the Joint Arrangers or the Joint Lead Managers or any of their respective affiliates makes any representation, warranty or guarantee that such Retention Collateral Arrangements will comply with the EU Risk Retention Rules or will be under an obligation to monitor the compliance by the Seller with such covenant or to take any action in relation to the non-compliance by the Seller with such covenant.