The COVID-19 pandemic forces businesses to make significant and,
at times, difficult decisions. In the current context, businesses
may need to incur additional indebtedness or seek further equity
investments, which can create opportunities. Looking at the
decision-making process of corporations through the lenses of an
institutional or private equity investor, this bulletin serves as a
refresher with respect to the duties, responsibilities and
liabilities of nominee directors and investors, and highlights
certain key considerations for the negotiation of governance rights
given that in connection with investments of a certain size, it is
common for investors to be represented on the board of directors of
investee corporations.
