University of Michigan Law School, J.D., 1983
Calvin College, B.A., 1980
American Bar Association, Business Law Section, Institutional Investor Committee
National Association of Public Pension Attorneys
Van Holkeboer has 25 years of experience in organizing and operating private investment funds and representing public pension funds, family offices and other institutional investors in their investments in private investment funds, hedge funds, and other investment vehicles.
Since 2012 Van has represented institutional investor clients in their investments in more than 100 private investment funds and more than 30 hedge funds. His representation includes drafting and negotiating investment documents and terms in virtually all types of domestic and foreign alternative investments, including limited partnerships, exempt limited partnerships, limited liability companies, and exempt companies organized under the laws of a number of states, Canadian provinces, and other foreign jurisdictions, including the Cayman Islands. Van has represented clients in purchasing and selling partnership interests in a significant number of alternative investment fund secondary transactions as well as representing clients in a number of co-investment transactions.
Van has represented the Utah Retirement System, Delaware PERS, Maine PERS, Mississippi PERS, Illinois SURS, and Los Angeles County Employees Retirement Association, as well as the institutional trustee of a series of family trusts that are very active in the investment fund market.
In negotiating fund investment agreements, Van reviews and negotiates provisions relating to distribution waterfalls, management fee calculations and management fee offsets, recycling of distributions, exculpation and indemnification, investment limits, general partner clawback obligations and their related guaranties, limited partner disgorgements and their limitations, new Partnership Audit Rules, and fiduciary standards and assesses how the legal and business terms reflected in agreements compare with those offered by other competitive funds.
Over the past 25 years, Van has also organized five private funds for one family of investment funds. That experience enables him to better understand the management side of a fund’s operations. With his early career focused on a private equity practice, Van also brings extensive transactional experience to the representation of institutional investors in funds. He is also widely experienced in the numerous lending, private equity capital and tax issues that arise in mezzanine financing transactions and their restructurings.
- Representation of institutional investors in 45 buyout fund investments since 2012
- Representation of one institutional investor in 25 different venture capital fund investments since 2012
- Representation of a public pension fund in its investment in two funds whose investment focus is “permanent crops”
- Representation of a lead investor in fund designed to function as a sponsor for other real estate funds
- Representation of a public pension fund in co-investment transactions with four different private investment funds in which the public pension fund was a partner
- Representation of one institutional investor in its sale of partnership interests in 20 different private investment funds to five different buyers
- Representation of a public pension fund in purchases of hedge fund interests that were part of a global auction conducted through a modified Dutch auction process
- Representation of institutional investors in hedge funds that require (i) satisfaction of a hurdle before earning a performance allocation and (ii) multi-year performance for vesting of such performance allocation
Honors & Awards
- Chapman and Cutler LLP Pro Bono Achievement Award, 2008
- Chapman and Cutler LLP Pro Bono Honor Roll, 2005–2017