How to Negotiate Key Person Provisions – A Lawyer’s Guide

  • The occurrence of a key person event should not trigger a domino effect across other funds managed by the sponsor
  • The ‘time and attention’ requirement should be drafted so as to avoid inadvertent foot faults
  • The question of whether or not a key person event has occurred should not be the subject of a long-drawn determination process…

    EduInfra – Emergence of a new asset class

    • EduInfra offers a promising 10 – 11% entry cap rate for annuity investors with rental escalations in the region of 3
      – 5%

    • Infrastructure classification allows for tax optimal exit through InvITs
    • Seller awareness needed – operators slowly moving towards asset light models; depth, but potential…

      Unexplored Strategies in the Fortis Saga: Public shareholders and IHH Healthcare exposed to significant collateral damage?

      • Latest SC judgement uncovers Daiichi’s new approach – Fortis, IHH and, public shareholders under the gun for liabilities of Fortis’ erstwhile promoters
      • Public shareholders will need to brace for impact and be proactive – else risk getting the short end of the stick
      • Legal sanctity of the ‘theory of attribution’ possibly misplaced in the Fortis context…

        SEBI orders public disclosure at M&A negotiation stage: Compromises deal certainty and amplifies directors’ liabilities

        • Listed companies forced to publicly disclose deal details pending finalization of negotiations
        • Investors bereft of price and deal certainty, may even face reputational damage
        • Directors of listed companies may be liable for market manipulation and exposed to litigation if they publicly disclose a deal which then falls through…

          Revamped Overseas Investment Regime (Part I) – A Rational Overhaul

          • Round tripping no longer illegitimate – doors open for externalisation and de-SPAC transactions
          • Definitional clarity on direct investments and portfolio investments
          • Indian GPs get a glidepath to setup offshore pooling structures…


            Please click here to view the session recording of our recent event: Evolving structures and strategies for real estate alternatives