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Kris Henman

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Lenders, including banks, financing firms, and investment funds, seek Kris’ counsel in foreign and domestic commercial financing transactions for a broad range of industries, with a particular focus on fund finance, technology, venture capital, and sponsor-backed financing.

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On December 5, 2025, the Office of the Comptroller of the Currency (OCC) issued OCC Bulletin 2025-45, “Commercial Lending: Venture Loans to Companies in an Early, Expansion, or Late Stage of Corporate Development,” which rescinds OCC Bulletin 2023-34, “Commercial Lending: Venture Loans to Companies in an Early, Expansion, or Late Stage of Corporate Development.” The OCC’s message in issuing the new bulletin to replace the prior bulletin is straightforward: the agency does not want to discourage prudent venture lending. At the same time, it expects banks to recognize that venture loans carry materially higher default risk than conventional commercial loans and to manage that risk through disciplined underwriting, realistic risk ratings, and appropriate reserves.[1]

The landscape of subscription line lending is undergoing significant transformation, with both private credit funds (PCFs) and traditional banks playing crucial roles. PCFs, which pool capital from institutional and high-net-worth investors, are increasingly becoming key players in providing credit facilities to private equity firms, secured by investor commitments. This shift introduces new dynamics alongside traditional banks, which have historically dominated this space. While PCFs offer greater flexibility and customized financial solutions due to fewer regulatory constraints, traditional banks bring extensive experience and stability, relying on deposits and adhering to regulatory requirements. Together, these entities are reshaping the subscription line market, offering diverse options for borrowers.

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The idea for Troutman Pepper’s Financial Services Industry Group – and this new blog – came when we looked around the firm and realized that we had so many areas of legal specialty in which we were serving financial services clients. But by thinking of ourselves as legal specialists in particular areas – like consumer finance, commercial lending, M&A or bank regulatory – we were missing the opportunity to provide greater value to clients by integrating our teams across those legal practice areas.