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In the deal-by-deal waterfall, the bad performances of a single company do not leak over the performances of the other companies. To mitigate the effect of a deal-by-deal waterfall and to make it more attractive to LPs, private equity funds using an American waterfall may include a clawback clause in their LPAs. [5]
Liquidation preferences are typically implemented by making them an attribute that attaches to preferred stock that investors purchase in exchange for their investment. . This means that the preference is senior to holders of common shares (and possibly other series of preferred stock), but junior to a company's debts and secured obligat
A spens, Spens, spens clause, or Spens clause is a provision in a security (for example a bond) which allows a borrower to repay the principal amount (and hence discharge their obligation to the lender) earlier than the contractual repayment date, on payment of a specified penalty, also referred to as a "make whole" payment, in excess of the principal (or face value) of the security.
It will outline what triggered the acceleration clause and include details on the amount you must pay and the deadline for making payment. Typically, the deadline is 30 days from the date of the ...
The name is not connected with interest rates or interest payments on a loan or bank account. Today, the term is used to name the compensation collected by investment executives in private equity funds. In the United States, carried interest is taxed at the same rate as long-term capital gains. Because this tax rate is fairly low, the policy ...
The example of permitting assignment under specified circumstances is: An example: The hulls and freight clauses contain a similar "assignment clause" which states that no assignment is binding unless a dated notice of assignment, signed by the assured is endorsed on the policy and the policy is produced before payment of claim or return of ...
The clause usually forms part of a parent company guarantee that is intended to limit the applicability of the doctrines of impossibility or frustration of purpose. The term for the clause comes from a colloquial expression that a task must be accomplished "come hell or high water", that is, regardless of any difficulty.
Take-or-pay clauses are common in the energy industry and, in particular, for gas sales; see volume risk. The High Court in England and Wales recognises such clauses as "a familiar provision in commercial contracts", but also notes that they have been a source of commercial dispute "for more than 100 years". [1]: Paragraph 40