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What's New in Private Equity Fund Deal Terms

By Joseph Bartlett
April 01, 2003

There may be nothing new under the sun but there are a number of new wrinkles cropping up in the private equity fund universe which deserves some comment. Herewith a few from a fund term sheet I have recently been reviewing.

In the, “It's About Time,” department, the general partner/sponsor of a particular fund has offered to spread the management fee over the assets of the instant fund plus the successor fund if one is organized with commitments equal to or exceeding the commitments commanded by the instant fund. The idea is that, if no successor fund is organized, the management fee is calculated as a percentage of the capital commitments of the current fund; if, however, a large successor fund is organized, then the management fee is calculated as a percentage of the investments of the current fund and the successor fund, measured at cost and net of write offs and distributions. This is a clear concession to LPs, who are claiming that the management fees measured by commitments, once several funds are concurrently in existence, are well in excess of what the general partners should in the aggregate be charging.

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