Negotiating Private Equity Fund Terms: Key Provisions, Emerging Trends and Recent Developments
Waterfall Provisions, GP Removal Rights, Standard of Care
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will examine current trends and hot issues in private equity fund terms and best practices for structuring and negotiating fund document terms for private equity sponsors and limited partner (LP) investors.
- "No-fault divorce" and termination rights
- General partner standard of care
- Carried interest and clawback mechanisms
- Conflicts and transaction fees
The panel will review these and other key issues:
- What are the LP investor hot button issues in "no-fault divorce" and "for cause" termination rights for removal of GPs and GP standard of care, fiduciary duties, and indemnification provisions?
- What are the most recent trends concerning carried interest calculations and clawback mechanisms?
- How are PE fund sponsors reacting to increasing SEC and LP investor scrutiny over expense allocation practices?
- What are the current developments in co-investment terms, and how have those terms evolved?
Michael J. Pergler
Kirkland & Ellis
Mr. Pergler concentrates his practice on representing fund sponsors in the formation and management of private... | Read More
Mr. Pergler concentrates his practice on representing fund sponsors in the formation and management of private investment funds, including buyout, venture capital, mezzanine, senior debt, funds-of-funds and other investment vehicles and separate accounts, as well as the operational and legal issues faced by their sponsors. In addition, Mr. Perfler counsels prominent institutional investors in connection with their investments in leading private equity, venture, real estate and hedge funds.Close
Phyllis A. Schwartz
Schulte Roth & Zabel
Ms. Schwartz focuses her practice on the structuring, formation and operation of private equity funds, including buyout... | Read More
Ms. Schwartz focuses her practice on the structuring, formation and operation of private equity funds, including buyout funds, venture capital funds, mezzanine funds, distressed funds and real estate funds. She represents both fund sponsors and investors in her practice. In addition to assisting fund sponsors with their internal management arrangements, succession planning and the creation of internal investment and co-investment vehicles, she has extensive experience with institutional investors and regularly advises clients on market terms of investment funds. She also advises private equity funds in connection with their investments in, and disposition of, portfolio companies and the establishment of capital call credit lines.Close