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Navigating Indemnification and Exculpation Provisions in Fund Documents (Part One of Two), Private Equity Law Report

Tuesday, October 26, 2021

In its latest toolbox memo, the Standards Board for Alternative Investments covers indemnification and exculpation provisions in private fund governing documents. In the first article of a two-part Private Equity Law Report series, partner Christopher Dlutowski discusses key issues raised in the memo and associated market practice on indemnification rights. “Most [private] fund indemnification provisions include a right of the GP/manager and various affiliated persons to be indemnified for losses—including costs relating to legal claims—they incur in connection with their services to the fund,” Christopher said.

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