Sign In

David Nissenbaum

Co-Head of Investment Management, Schulte Roth & Zabel LLP

David Nissenbaum is the Co-Head of the Investment Management Group at Schulte Roth, representing institutional and entrepreneurial investment managers, financial services firms, and private investment funds.

He is recognized for his extensive knowledge of market terms and his commercial approach to evaluating risks and handling client negotiations.

David has received numerous accolades, being named a 'Leader in His Field' by Chambers USA and Chambers Global for several years.

Peers praise him as one of the top fund lawyers, with clients appreciating his unwavering commitment and thorough approach.

His expertise lies in designing and structuring various types of investment funds and platforms, including credit, hedge, private equity, distressed investing, and energy funds.

David specializes in 'Upper Tier' management company partnerships, compensation plans, succession plans, and other industry developments since the early 2000s.

He is widely recognized in the legal community and has authored articles in prestigious publications, including 'Hedge Funds: Formation, Operation and Regulation.' David is also a sought-after speaker at conferences on various industry topics.

David Nissenbaum has an educational background from the University at Albany and Brooklyn Law School.

Previously, he served as a Partner at Schulte Roth & Zabel LLP.

Highlights

Jul 30 · linkedin

"Evergreen Funds – Their Appeal to Sponsors and Investors."   Private credit fund AUM has grown more than tenfold over the last 15 years, with growth accelerating more recently as banks have moved away from middle market lending. The size of the asset class and the characteristics of the typical loan or private credit portfolio are driving interest in private Evergreen Fund structures.   What is the appeal of a private Evergreen Fund to sponsors?  

  • Evergreen Funds can raise capital perpetually. By contrast, closed-end (private equity style) funds – while widely used for lending and private credit investing – require an on-and-off cycle of fundraising to raise successor funds.   
  • Investment proceeds and current income are recycled perpetually for further investing until an investor elects to withdraw (although a periodic current income distribution option is frequently offered to investors who desire regular income and cash flow).  
  • Evergreen Fund terms can be tailored to the sponsor’s asset focus. A sponsor does not have to settle for a structure that requires distributions by the end of a set term (required for a closed-end fund), face the pressure of generating cash to pay withdrawal requests within 30-45 days (required for a hedge fund), or attempt to market controversial liquidity controls such as side pockets or withdrawal gates (seen in hedge funds).  
  • Investment guidelines are usually more flexible than in a closed-end fund, and the investment strategies can evolve over time as market opportunities change.  
  • Investors evaluating Evergreen Funds are usually receptive to fund terms tailored to match the asset characteristics and the sponsor’s investment objectives, rather than insisting on “market” terms of a closed-end or open-end fund because that is what they “always get.”   What is the appeal of a private Evergreen Fund to investors?  
  • Control over the duration of their investment. Evergreen Funds have lockup periods, but these are short as compared to the typical term of a closed-end fund. Investors have proven to be more receptive to investing, and less concerned about certain terms, as compared to making a long term (10+ year) investment in a closed-end fund.  
  • Better predictability of exit timing. Credit assets tend not to be long term holdings. For example, loans tend to be refinanced in 2-3 years, there is a robust market for trading loans, and securitization is a popular exit strategy. Thus, investors can have better predictability over the length of the payout period after an investor requests a withdrawal.  
  • Easier to upsize. An investor’s decision to upsize is often easier because the fund has been diligenced for the initial investment, and internal approvals to upsize may therefore be quicker as compared to securing an allocation for a successor fund.   In future posts I will discuss the nuances of certain Evergreen Fund terms and typical investor negotiating points.   #SchultePrivateCredit #EvergreenFunds
Jul 23 · linkedin

“Demystifying Evergreen Funds”   Among private credit funds, Evergreen Funds have been the hot fund structure for about two years. Since they are newly popular, there is a lot of disinformation and mystery about what exactly the terms of a private Evergreen Fund are. The essential terms are the following:   ·      A hybrid mix of open-end fund terms and closed-end fund terms. ·      Fundraising is perpetual (like an open-end fund). ·      Capital can be raised via commitments which are drawn down over time (like a closed-end fund), or by taking contributions at each closing (like an open-end fund). ·      Investment proceeds are retained for reinvestment (like an open-end fund). ·      In performing credit strategies, investors are usually offered a quarterly current income (interest income) distribution option. This appeals to institutional investors, especially in direct lending strategies. ·      Investors can control the duration of their investment in the fund and choose when to withdraw (like an open-end fund). ·      Withdrawals are paid over time using a liquidating account (thus avoiding pressure to sell assets and to otherwise generate cash to pay withdrawals on a date certain). ·      Investment limitations are flexible (more so than in closed-end funds). ·      Incentive compensation is paid annually (in contrast to a European or American style carried interest waterfall, which takes years to pay out). Private Evergreen Funds most often use a hybrid calculation methodology not used by hedge funds or private equity funds.

Private Evergreen Funds are very appealing to sponsors and investors alike, and the market is in the early stages of understanding and acclimating to Evergreen Fund terms.

In future posts I will comment further on Evergreen Fund terms, marketability and operations.   #EvergreenFunds #SchulteLaw #PrivateCredit #PrivateCreditFunds #SchultePrivateCredit

David Nissenbaum
Add to my network

Location

New York, New York, United States