Has anyone actually enforced the Section 2.3 default remedy — selling a defaulting LP's interest at 50% of the lesser of contributions or Fair Value — and is it practical for a sub-$25M fund?
Section 2.3 gives the GP a strong set of remedies: 12% default interest, forfeiture of an unfunded interest, or a forced sale of a funded defaulter's interest at 50% of the lesser of contributions or Fair Value. On paper this is powerful. In practice, for a small fund with a concentrated LP base, I wonder whether it is ever used — you would need a buyer, and the relationship damage is obvious. Has anyone here actually invoked it, or is the real-world outcome usually a negotiated reduction of the commitment? I would also like to know how enforceable this is where the LP sits in a non-US jurisdiction.