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WHAT FINK MIGHT DO WITH BGI - FTSE

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PRIVATE EQUITY: IMPROVING OUTLOOK<br />

18<br />

In the Markets<br />

Christian Oberbeck, a founding partner of Saratoga Partners, a New York-based private equity<br />

firm that manages $250m. Oberbeck says: “All of a sudden you stop getting liquidity flows<br />

from prior investments …You have to tap into other investments in the rest of the portfolio to<br />

fund the call.” Photograph kindly supplied by Saratoga Partners, August 2009.<br />

Serial investors in private equity<br />

have undrawn commitments to newer<br />

funds while older ones throw off cash<br />

as the sponsor liquidates successful<br />

investments; in effect, returns from<br />

older funds provide a significant<br />

portion of the cash needed to finance<br />

future commitments. The amount<br />

invested at any one time may be no<br />

more than 50%-60% of the nominal<br />

exposure, so investors often sign up<br />

for higher commitments to keep the<br />

average amount invested close to their<br />

goal. The market crash eliminated the<br />

customary exit strategies for fund<br />

sponsors. However, it decimated<br />

merger activity, undermined the<br />

economics of recapitalisations and<br />

shut down initial public offerings<br />

altogether. Investors who have no<br />

cash coming in but still have to fund<br />

capital calls are now struggling to<br />

meet their obligations. “All of a<br />

sudden you stop getting liquidity<br />

flows from prior investments,” says<br />

Christian Oberbeck, a founding<br />

partner of Saratoga Partners, a New<br />

York-based private equity firm that<br />

manages $250m.“You have to tap into<br />

other investments in the rest of the<br />

portfolio to fund the call.”<br />

Suppose a $1bn pension fund had<br />

10% committed to private equity<br />

before the crash; if the portfolio also<br />

included $500m in equities whose<br />

value tumbled 50%, it became a $750m<br />

fund—and the $100m in private equity<br />

represents 13.3%, way above target.<br />

For high net worth individuals who<br />

used leverage to fund their private<br />

equity commitments, allocations got<br />

even more out of whack.<br />

Relations between private equity<br />

firms and their investors could turn<br />

ugly if limited partners do start to<br />

default. In early March, CapGen, a<br />

New York-based private equity shop,<br />

filed a complaint in Delaware<br />

`<br />

Relations between<br />

private equity firms and<br />

their investors could turn<br />

ugly if limited partners do<br />

start to default. In early<br />

March, CapGen, a New<br />

York-based private equity<br />

shop, filed a complaint in<br />

Delaware Chancery Court<br />

against two of its limited<br />

partners whom it claimed<br />

had defaulted on capital<br />

calls due on 31st<br />

December, 2008.<br />

Chancery Court against two of its<br />

limited partners whom it claimed had<br />

defaulted on capital calls due on 31st<br />

December, 2008. CapGen’s funds had<br />

$500m committed in total but the<br />

alleged defaulters were bit players:<br />

Chalice Fund was on the hook for<br />

$3.5m and WK GG Investment for<br />

$1m—and the missed call was for less<br />

than 25% of those amounts.<br />

Frank Morgan, president of Coller<br />

Capital in the US, points out that<br />

partnership documents typically<br />

permit the general partner to call on<br />

other limited partners to make up any<br />

defaulted amount, but CapGen chose<br />

to take legal action against two high<br />

net worth individuals instead. “It was<br />

a warning to other larger investors not<br />

to try this,” he says, “I do not think a<br />

lot of defaults have occurred.”<br />

In a slow deal market, Morgan says<br />

private equity firms haven’t been<br />

making many capital calls except for<br />

follow-on commitments to existing<br />

investments anyway. At some point<br />

that will change—probably sooner<br />

rather than later. Private equity funds<br />

have “use it or lose it” provisions that<br />

S E P T E M B E R 2 0 0 9 • F T S E G L O B A L M A R K E T S

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