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Capital Investment Agreement
"I need a Capital Investment Agreement under Austrian law for a 鈧5 million venture capital investment in our SaaS startup, with provisions for board representation and future funding rounds, planned for closing in March 2025."
1. Parties: Identification of the investor(s), company, and any other relevant parties to the agreement
2. Background: Context of the investment, including company description and investment rationale
3. Definitions: Definitions of key terms used throughout the agreement
4. Investment Terms: Details of the investment amount, valuation, and type of securities being issued
5. Closing Conditions: Conditions precedent to the investment and closing mechanics
6. Representations and Warranties: Statements of fact and assurances from both the company and the investor
7. Investment Rights: Investor rights including information rights, inspection rights, and board representation
8. Transfer Restrictions: Limitations on transfer of securities and right of first refusal provisions
9. Anti-dilution Protection: Provisions protecting the investor's ownership percentage
10. Reporting and Information Rights: Company's obligations regarding financial and operational reporting
11. Confidentiality: Provisions regarding the treatment of confidential information
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Notices: Process and requirements for formal communications between parties
14. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
15. General Provisions: Standard boilerplate provisions including amendments, assignments, and severability
1. Tag-Along Rights: Used when minority investors need protection to join in sales by majority shareholders
2. Drag-Along Rights: Included when majority shareholders need the right to force minority shareholders to join in a sale
3. Pre-emptive Rights: Optional section for giving investors the right to participate in future funding rounds
4. Founder Commitments: Include when specific obligations or restrictions on founders are required
5. Exit Rights: Used when specific exit mechanisms or IPO rights need to be defined
6. Strategic Cooperation: Include when the investment includes strategic partnership elements
7. Employee Stock Option Pool: Required when establishing or modifying an ESOP as part of the investment
8. Compliance with Foreign Investment Laws: Include when foreign investors are involved requiring compliance with InvKG
1. Schedule 1: Capital Structure: Detailed breakdown of the company's capital structure pre and post-investment
2. Schedule 2: Subscription Details: Specific details of the securities being issued including rights and preferences
3. Schedule 3: Warranties: Comprehensive list of company warranties
4. Schedule 4: Company Information: Key company information including corporate documents and material contracts
5. Schedule 5: Business Plan: Company's business plan and financial projections
6. Schedule 6: Key Performance Indicators: Agreed metrics for monitoring company performance
7. Appendix A: Form of Shareholders' Agreement: Template or final form of the shareholders' agreement if separate
8. Appendix B: Corporate Resolutions: Required corporate approvals and resolutions
9. Appendix C: Deed of Adherence: Template for future investors or shareholders to join the agreement
Authors
Technology
Real Estate
Manufacturing
Financial Services
Healthcare
Renewable Energy
Infrastructure
Biotechnology
E-commerce
Software Development
Industrial Production
Clean Technology
Digital Media
Life Sciences
Telecommunications
Legal
Finance
Corporate Development
Compliance
Risk Management
Executive Leadership
Investment
Treasury
Corporate Governance
Due Diligence
Strategy
Mergers & Acquisitions
Chief Executive Officer
Chief Financial Officer
Investment Director
Legal Counsel
Corporate Lawyer
Investment Manager
Board Member
Managing Director
Finance Director
Compliance Officer
Company Secretary
Investment Analyst
Due Diligence Specialist
Corporate Development Manager
Risk Manager
Treasury Manager
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