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Howard S. Altarescu Orrick Herrington & Sutcliffe LLP

Results 1 to 5 of 36



Jumpstart Our Business Startups Act eases restrictions on Rule 144A and private offerings – ABS considerations *

USA - April 5 2012
President Obama signed the Jumpstart Our Business Startups Act (the "Act") into law earlier today. 

Co-authors: Dora Mao , Boris Volodarsky.


ABS issuers and the Rule 3a-7 exclusion from the Investment Company Act *

USA - September 19 2011
On August 31, the SEC issued an advance notice of proposed rulemaking (the “ANPR”) on possible amendments to Rule 3a-7 of the Investment Company Act of 1940 (the “Act”).

Co-authors: Mark M. Racic .


Mortgage REITs and the Investment Company Act 3(c)(5)(c) exclusion *

USA - September 9 2011
On August 31, 2011, the SEC issued a Concept Release announcing that the Commission and its staff are reviewing interpretive issues and seeking public comment on interpretations related to Section 3(c)(5)(C) of the Investment Company Act of 1940 (the “Act”) and its use by REITs in acquiring mortgages and mortgage-related instruments.

Co-authors: Mark M. Racic .


FDIC final rule for “safe harbor” protection for securitizations *

USA - October 18 2010
On September 27, the Board of Directors of the FDIC approved a Final Rule (the "Final Rule") that governs the rights of the FDIC, as conservator or receiver of a failed insured depository institution (a "Bank"), over financial assets previously transferred by such Bank in connection with a securitization or participation transaction.

Co-authors: Thomas C. Mitchell , Kara Fay Moskowitz, Mark M. Racic , Robert B. Moyle.


Rating agency updates *

USA - August 27 2010
On August 24, Fitch released its revised criteria for rating Trust Preferred CDOs.

Co-authors: Kara Fay Moskowitz, Amie B. Davis, Mark M. Racic , Rhanda K. Moussa , Njoki E. Gatimu .


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