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Considering the Unthinkable; In the spirit of compromise, a few GPs have made arrangements with their investors that could either signal a new era of conciliation or, alternatively, may open the door for bitter disputes.

Publication: Mergers & Acquisitions: The Dealmaker's Journal
Publication Date: 01-FEB-09
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Byline: Ken MacFadyen

It likely happened sooner than some might have expected, but London private equity firm Permira went ahead and did the unthinkable. The firm, in early December, gave its limited partners the option of cutting back on their commitments to its latest vehicle, a concession that could see Permira's fourth fund trimmed from a[logical not]11 billion to a[logical not]9.5 billion. Only a few weeks later, TPG Capital followed suit with a similar gesture that could trim its fund by as much as $2 billion.

The moves highlight the pressures facing both limited partners (liquidity) and general partners (struggling to deploy outsized funds). While Permira's LPs likely cheered the move, whether or not they were looking to cut back on their stakes, the firm's peers could be expected to bristle at the very idea of returning capital. And given that Permira and TPG let the cat out of the bag, limited partners everywhere could be emboldened to seek similar concessions from their GPs.

"They were smart to do it early," John Sinnenberg, a managing partner and chairman at fund of funds and mezzanine investor Key Principal Partners, says. "You can...

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