Delaware Chancery Court Rules that Limited Partnership Agreement Permitted General Partner to Make In-Kind Distributions, and that Appropriate Valuation Date of In-Kind Distributions May be Redemption Date Rather than Distribution Date

On June 13, 2008, the Delaware Chancery Court ruled that the limited partnership agreement of a hedge fund organized as a Delaware limited partnership did not require ratable in-kind distributions, but rather permitted the general partner to make in-kind distributions in its sole discretion. The court also held that the redeeming limited partners might be able to prove that they were entitled to assets equal in aggregate value to the value of their share of the fund at the time of redemption.

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