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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."
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
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
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
Financial Services
Private Equity
Venture Capital
Real Estate
Technology
Healthcare
Manufacturing
Clean Energy
Infrastructure
Biotechnology
Telecommunications
Professional Services
Agriculture
Consumer Goods
Legal
Finance
Investment
Compliance
Risk Management
Corporate Development
Treasury
Executive Management
Board of Directors
Due Diligence
Portfolio Management
Corporate Governance
Investor Relations
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
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