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Global Private Equity Watch Blog

Articles: 1-10 of 84

The Transition From LIBOR and the Syndicated Loan Market’s Initial Reaction

USA - September 12 2017 As has been widely communicated, on July 27, 2017, Andrew Bailey, the Chief Executive Officer of the United Kingdom's Financial Conduct Authority…

Making Sure Your “Choice-of-Law” Clause Chooses all of the Laws of the Chosen Jurisdiction

USA - September 5 2017 In a 2016 post to Weil's Private Equity Insights blog it was suggested that deal professionals and their counsel should not only "choose governing…

Amendments to Form ADV to Become Effective October 1, 2017

USA - August 28 2017 We would like to remind private fund sponsors that in August 2016, the Securities and Exchange Commission adopted amendments to Form ADV that (i)…

A Real Beating or a Written Agreement—A Good Reminder that Oral Agreements Can be Binding

United Kingdom, USA - August 21 2017 There was a time when written agreements were the exception rather than the rule. Today, however, most significant contractual arrangements are…

Avoiding the Mindless Use of the Brainless MAC Clause

USA - August 7 2017 The sea squirt is an animal that begins life with a brain and a tail. Immediately after it is born, it uses its brain and tail to propel itself…

Cybersecurity Reminder for Private Fund Sponsors

USA - July 18 2017 In light of recent high-profile ransomware incursions and other cyberattacks on businesses around the world, we would like to remind private fund…

What is the Deal with No Oral Modification/Waiver Clauses?

USA - July 17 2017 One of the most fundamental principles of the common law of contract is that parties are “masters of their own bargains,” and they can order their…

ILPA Releases Guidelines on Use of Subscription Credit Lines

USA - July 11 2017 The Institutional Limited Partners Association (“ILPA”) recently issued a set of recommendations, which they are encouraging fund managers and…

Agreed Damages or Unenforceable Penalties—Drafting to Affirm the Former and Avoid the Latter

USA - July 10 2017 Agreed damages provisions are a staple of many commercial contracts. But as noted in a previous post to Weil's Private Equity Insights blog, their…

When Buyers Must Advance the Defense Costs of the Selling Shareholders They Accuse of Misrepresentations in a Stock Purchase Agreement

USA - July 5 2017 Few things are more important to a limited-liability entity’s officers and directors than the sanctity of that entity’s obligations of advancement and…