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Investment Commitment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Investment Commitment Agreement

"I need an Investment Commitment Agreement under Swiss law for a venture capital fund investing CHF 5 million in a Series B round of a fintech startup, with quarterly drawdowns starting March 2025 and including standard anti-dilution and board representation rights."

Document background
The Investment Commitment Agreement serves as a crucial legal framework for formalizing investment relationships under Swiss law. It is typically used when investors, whether institutional or individual, agree to commit capital to a business venture, fund, or project. The agreement details the quantum and timing of investments, conditions that must be met before funding, investor rights and protections, and ongoing obligations of all parties. Being governed by Swiss law, it must comply with specific regulatory requirements including the Swiss Code of Obligations, FinSA, and FinIA. The document is particularly important in structured finance, private equity, and venture capital transactions, where clarity on investment terms and protection of investor rights are paramount. The Investment Commitment Agreement also typically includes provisions for reporting, governance rights, exit mechanisms, and dispute resolution under Swiss jurisdiction.
Suggested Sections

1. Parties: Identification and details of the investor(s) and investment recipient, including full legal names, registration details, and addresses

2. Background: Context of the investment commitment, including the purpose and general nature of the investment

3. Definitions: Definitions of key terms used throughout the agreement

4. Investment Commitment: Details of the investment amount, payment schedule, and form of investment (equity, debt, or hybrid)

5. Conditions Precedent: Conditions that must be satisfied before the investment commitment becomes binding

6. Representations and Warranties: Statements of fact and assurances from both parties

7. Covenants: Ongoing obligations of the parties, including information rights and operational requirements

8. Investment Process: Mechanics of how and when the investment will be made, including drawdown procedures

9. Default: Events constituting default and consequences thereof

10. Termination: Circumstances under which the agreement can be terminated and the consequences

11. Confidentiality: Obligations regarding confidential information

12. Notices: Process and requirements for formal communications between parties

13. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate provisions including amendments, assignment, and severability

Optional Sections

1. Tag-Along Rights: Include when other investors are involved and minority investor protection is needed

2. Drag-Along Rights: Include when majority investors need the ability to force minority investors to join in a sale

3. Anti-Dilution Protection: Include when investors need protection against future down rounds

4. Board Representation: Include when the investment includes rights to board seats or observer rights

5. Information Rights: Include when specific reporting requirements beyond standard covenants are needed

6. Pre-emptive Rights: Include when investors should have rights to participate in future funding rounds

7. Exit Provisions: Include when specific exit mechanisms or requirements need to be defined

8. Regulatory Compliance: Include when specific regulatory requirements need detailed treatment

9. Tax Provisions: Include when specific tax considerations need to be addressed

Suggested Schedules

1. Investment Schedule: Detailed breakdown of investment amounts, timing, and triggers for investment tranches

2. Conditions Precedent Checklist: List of all conditions that must be satisfied before investment

3. Form of Drawdown Notice: Template for requesting investment disbursements

4. Corporate Documents: Copies of relevant corporate authorizations and registrations

5. Capitalization Table: Current and post-investment ownership structure

6. Business Plan: Detailed business plan and use of investment proceeds

7. Financial Statements: Historical financial statements and projections

8. KYC Documentation: Required know-your-customer and anti-money laundering documentation

9. Form of Compliance Certificates: Templates for ongoing compliance certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































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Relevant Industries

Financial Services

Private Equity

Venture Capital

Real Estate

Technology

Healthcare

Manufacturing

Clean Energy

Infrastructure

Biotechnology

Telecommunications

Professional Services

Agriculture

Consumer Goods

Relevant Teams

Legal

Finance

Investment

Compliance

Risk Management

Corporate Development

Treasury

Executive Management

Board of Directors

Due Diligence

Portfolio Management

Corporate Governance

Investor Relations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Investment Director

Fund Manager

General Counsel

Legal Counsel

Investment Manager

Corporate Lawyer

Finance Director

Portfolio Manager

Risk Manager

Compliance Officer

Investment Analyst

Due Diligence Officer

Transaction Manager

Board Member

Managing Partner

Investment Committee Member

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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