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#investmentperiod #legal #raisingFundIIafterFundI

Fund II Suing Fund I for Access To Shares During Investment Period

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Community Member
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Jun 08, 2023
Hello, is the following true? "If there is a future Google in 2024, and Fund II LPs got pre-seed shares but Fund I LPs did not because you deployed too "fast" in years 1 and 2, you could open yourself up to an outright lawsuit in which Fund I LPs sue for access to Fund II's pre-seed shares in Google."

If so, how do you navigate this with a small Fund I where deals with 10x+ profiles are already secured and have delivered?
1 answer
0
Mike Suprovici
Accepted Answer
Jun 08, 2023
Most LPAs have an 'investment period' clause and 'successor fund threshold' to provide alignment around expectations. If you're planning on deploying significantly faster then the investment period, then you should clear this with your LPAC at a very minimum because it affects the return profile and the potential temporal diversification of the fund. 
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