Van Holkeboer has over 30 years of experience representing institutional investors in their investments in private investment funds, hedge funds, and other investment vehicles and organizing and operating private investment funds. His clients include public pension plans, insurance companies, and family offices.
Since 2012, Van has represented institutional investor clients in their investments in more than 250 closed-end funds and more than 50 open-end funds. His representation includes negotiating investment documents and terms in virtually all types of domestic and foreign alternative investments funds organized under the laws of a number ofstates, Canadian provinces, and other foreign jurisdictions. Van has represented clients in purchasing and selling partnership interests in a significant number of secondary transactions as well as representing clients in a number ofco-investment transactions.
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 terms, leverage and investment limits, general partner clawback obligations and their related guaranties, limited partner disgorgements and their limitations, and fiduciary standards and assesses how the legal and business terms reflected in agreements compare with those offered by other competitive funds.
With his early career focused on a private equity practice, Van also brings extensive transactional experience to the representation of institutional investors in funds.
- Representation of an insurance company investing in a private investment fund through a unique rated-debt feeder structure
- Representation of institutional investors in:
- 35 co-investment transactions since 2015
- 80 buyout fund investments since 2012
- 31 venture capital fund investments since 2012
- 9 infrastructure fund investments since 2012
- 17 energy fund investments since 2012
- 15 real estate fund investments since 2012
- 3 “permanent crop” investment funds
- a sale of one investor’s interests in 20 different private investment funds to five different buyers
- negotiating a unique cash overlay program with an investment manager
American Bar Association, Business Law Section, Institutional Investor Committee
National Association of Public Pension Attorneys
Honors & Awards
- Chapman and Cutler LLP Pro Bono Achievement Award, 2008
- Chapman and Cutler LLP Pro Bono Honor Roll, 2005–2020
University of Michigan Law School, J.D., 1983
Calvin College, B.A., 1980