Outliers and Oddities in Alternative Investment Documents

Institutional investors and other limited partners are often told they must accept certain terms and provisions in alternative investment fund documents because such terms “are market.” Who is responsible for creating these market terms and what can investors do to prevent undesirable deal terms from becoming the market standard? In this episode of Public Pensions & Investments Briefings, Courtney Krause discusses unusual provisions in alternative fund documents, including limited partnership agreements, side letters and subscription documents. Courtney explores how market terms are created, provides examples of non-standard terms, and discusses how investors can work to keep these seemingly one-off provisions from becoming market standard in the future.