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ARTICLE · 28 FEBRUARY 2013

Growth Equity: Who Is In Control?

A discussion on how growth equity (or growth capital) resides on the continuum of private equity investing at the intersection of venture capital and control buyouts.

United StatesCorporate/Commercial Law

As I discussed in an earlier article, growth equity (or growth capital) resides on the continuum of private equity investing at the intersection of venture capital and control buyouts. Growth capital is designed to facilitate the target company's accelerated growth through expanding operations, entering new markets, or consummating strategic acquisitions.

In addition to borrowing redemption rights from venture capital and debt financings, and preferred equity securities similar to those found across the private equity continuum, growth equity investors borrow protective provisions (operational control) commonly found in control buyouts and debt financings. This article provides a high-level overview of common protective provisions and their use in different forms of debt and equity capital, with a particular focus on protective provisions often found in minority growth equity investments – that is, operational control without cap table control.

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