PRIVATE EQUITY CONCEPTS &TERMS
This book examines the economic intuition that underpins key legal terms commonly found in private equity fund partnership agreements. As a primer, it attempts to encapsulate, in non-legal language, the rationale behind economic points of negotiation, investigate the scope for trade-offs and offer practitioner insights.
The private equity industry is evolving at a fast pace, as have the terms of engagement between LPs and GPs. The agreements and clauses that define the relationship between LPs and GPs are nonstandard and privately negotiated. This book examined some of the key economic and governance issues that impact the LP/GP relationship. Issues that may lead to conflict of interests were identified and methods suggested to best align investor and GP interests. Negotiating LP/GP contracts involves a balance between preserving LP rights without materially curtailing GP flexibility to provide attractive returns—the primary reason for entering these contracts in the first place. Awareness of subtle issues and their degree of economic sensitivity to all parties will, hopefully, help make transactions more efficient, reduce contractual friction and benefit the industry.
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Sameer Jain is founder and an engaged shareowner of ActiveAllocator Activist Capital Advisors L.P., an investment firm bringing private equity and hedge fund convergence around activist events. His 25-year career includes investment banking, alternative investments, and entrepreneurial fintech. He has provided critical advice, formulated white papers and analysis for activist sponsors, as well as provided defense feedback to target public companies. His banking experience includes shareholder advisory, shareholder activism and raid defense, contested and hostile M&A. As a portfolio manager he devised and implemented trading strategies which harvested volatility and excess abnormal returns surrounding activists' actions.
He also created and operated fintech ActiveAllocator.com, the world's first system that seamlessly integrates traditional, illiquid, and alternative investments within portfolios.
Prior, he was Managing Director across six AR Capital publicly listed companies (NYSE and NASDAQ) and brokerage firm RCS Capital Corporation (NYSE: RCAP). Before that he headed Investment Content & Strategy, as well as all illiquid investing at UBS Alternative Investments (NYSE: UBS) in New York. Preceding this he was at Citigroup (NYSE: C) within the ICG and Alternative Investments groups in New York. His early career was at Cambridge Alternative Investments and SunGard System Access (formerly NYSE: SDS) in Dubai and New York.
He has written ~30 Wall Street research reports and academic papers, book chapters on investments, coauthored an investments book "Active Equity Management", presented at over hundred industry conferences, and visited ~80 countries.
Mr. Jain has graduate degrees in engineering, business administration, public administration and is an alum of Massachusetts Institute of Technology and Harvard University.
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