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

November 02, 2021

In the second article of a two-part Private Equity Law Report series, partner Christopher Dlutowski spoke about key issues raised in the Standards Board for Alternative Investments’ latest toolbox memo—including discussion of indemnification by investors, interplay of exculpation and indemnification clauses, and more. “[Because] many investors invest in both hedge and other open-end funds and in PE and other closed-end funds, they are looking for similar carve-outs in the exculpation and indemnification provisions across their private fund investments,” Christopher said.

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