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Investment Guarantee Agreement

Investment Guarantee Agreement Template for India

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Key Requirements PROMPT example:

Investment Guarantee Agreement

"Need to draft an Investment Guarantee Agreement for a US-based private equity firm investing 50 million USD in an Indian renewable energy project, with the parent company of the project developer acting as guarantor for a minimum 12% annual return."

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Document background
Investment Guarantee Agreements are crucial instruments in the Indian investment landscape, particularly when substantial investments require additional security or risk mitigation. These agreements are commonly used in cross-border investments, large-scale infrastructure projects, or strategic investments where investors seek protection against specific risks. The document outlines the guarantor's obligations, the scope of protection, trigger events, and claim procedures, all while ensuring compliance with Indian regulatory requirements, including FEMA, Companies Act, and relevant securities laws. It's particularly relevant when dealing with emerging markets, project financing, or investments in sectors with specific regulatory oversight. The Investment Guarantee Agreement becomes especially important in scenarios involving foreign investors seeking additional comfort for their investments in Indian entities or projects.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including the Investor, Guarantor, and Investment Entity

2. Background: Sets out the context of the investment and guarantee arrangement, including the purpose and basic structure of the transaction

3. Definitions: Defines key terms used throughout the agreement, including Investment Amount, Guarantee Period, Trigger Events, etc.

4. Investment Details: Specifies the nature, amount, and terms of the investment being guaranteed

5. Guarantee Provisions: Details the scope, nature, and extent of the guarantee, including conditions and limitations

6. Trigger Events: Specifies circumstances under which the guarantee can be called upon

7. Claims Process: Outlines the procedure for making claims under the guarantee, including notice requirements and timelines

8. Representations and Warranties: Contains statements of fact and assurances from all parties

9. Covenants: Sets out ongoing obligations of the parties during the guarantee period

10. Events of Default: Lists circumstances that constitute default and their consequences

11. Termination: Specifies how and when the agreement can be terminated

12. Governing Law and Jurisdiction: Specifies Indian law as governing law and establishes jurisdiction for disputes

13. Notices: Details how formal communications between parties should be made

14. Miscellaneous: Contains standard boilerplate provisions including severability, entire agreement, amendments, etc.

Optional Sections

1. Security Provisions: Include when the guarantee is backed by specific security or collateral

2. Regulatory Compliance: Include when the investment involves regulated sectors or requires specific regulatory approvals

3. Foreign Exchange Provisions: Include when the investment involves cross-border transactions or foreign currency

4. Step-In Rights: Include when the guarantor needs rights to take control of the investment in certain circumstances

5. Tax Provisions: Include when specific tax arrangements or implications need to be addressed

6. Force Majeure: Include when parties want to address specific circumstances beyond their control

7. Anti-Dilution Provisions: Include when the investment involves equity and needs protection against dilution

Suggested Schedules

1. Schedule 1 - Investment Details: Detailed breakdown of the investment structure, amounts, and timelines

2. Schedule 2 - Guarantee Terms: Specific terms and conditions of the guarantee, including coverage limits and exclusions

3. Schedule 3 - Security Details: Description of any security or collateral provided for the guarantee

4. Schedule 4 - Claims Procedure: Detailed procedure for making and processing guarantee claims

5. Schedule 5 - Required Approvals: List of regulatory and other approvals required

6. Schedule 6 - Form of Notices: Templates for various notices required under the agreement

7. Appendix A - Corporate Authorizations: Copies of corporate authorizations and board resolutions

8. Appendix B - KYC Documents: Required Know Your Customer documentation for all parties

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions







































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Relevant Industries

Banking and Financial Services

Private Equity

Venture Capital

Infrastructure

Real Estate

Manufacturing

Technology

Renewable Energy

Healthcare

Telecommunications

Relevant Teams

Legal

Finance

Investment

Compliance

Risk Management

Treasury

Corporate Development

Regulatory Affairs

Company Secretarial

Relevant Roles

Chief Financial Officer

Investment Director

Legal Counsel

Compliance Officer

Risk Manager

Investment Banker

Private Equity Manager

Corporate Finance Manager

Treasury Manager

Project Finance Manager

General Counsel

Investment Analyst

Regulatory Affairs Manager

Company Secretary

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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