The Noncontrolling Investment And How To Protect It

Law360, New York (June 29, 2009, 12:00 AM EDT) -- Current economic times have changed the landscape of private equity investing.

In the past, both private equity funds and strategic investors have generally avoided taking a minority position in a company for myriad reasons, most importantly of which was the limited control that the investor would have in directing the ongoing operations of the target.

Now, with the shrinking leveraged buyout market, minority investments are becoming more common and, if done correctly, can be a lucrative investment. A proper minority investment should include the following:...
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