The Termination of Investment Agreement is a crucial document used when parties wish to formally end their investment relationship under Swiss law. It is particularly relevant when investors and investee companies need to unwind their arrangements, whether due to achievement of investment objectives, strategic realignment, or other business reasons. The document addresses essential elements required under Swiss law, including compliance with the Swiss Code of Obligations and financial market regulations. It typically includes provisions for final settlements, asset transfers, confidentiality obligations, and ongoing commitments. This agreement type is commonly used in various investment scenarios, from venture capital exits to private equity divestments, and ensures a clear and legally sound termination process while minimizing potential future disputes.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration details
2. Background: Context of the original investment agreement, key dates, and reason for termination
3. Definitions: Definitions of key terms used throughout the agreement
4. Termination: Clear statement of termination of the investment agreement and effective date
5. Final Settlement: Details of final financial settlements, including any outstanding payments or adjustments
6. Return of Assets: Process and timeline for returning any invested assets or securities
7. Mutual Release: Mutual release of claims and obligations between the parties
8. Surviving Provisions: Identification of any provisions from the original agreement that will survive termination
9. Confidentiality: Ongoing obligations regarding confidential information
10. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction for disputes
11. Entire Agreement: Statement that this document represents the entire agreement regarding the termination
12. Execution: Signature blocks and execution requirements
1. Tax Provisions: Include when there are specific tax implications or arrangements that need to be addressed
2. Regulatory Compliance: Include when specific regulatory requirements need to be addressed, particularly for regulated investments
3. Transition Services: Include when ongoing services are needed for a period after termination
4. Non-Competition: Include when parties wish to maintain non-compete obligations post-termination
5. Public Announcements: Include for high-profile investments or where public disclosure requirements exist
6. Dispute Resolution: Include when parties want to specify detailed dispute resolution procedures beyond standard court jurisdiction
7. Insurance: Include when ongoing insurance obligations need to be addressed
8. Employee Matters: Include when the investment involved staff or management arrangements that need to be unwound
1. Schedule 1 - Settlement Calculation: Detailed calculation of final settlement amounts and adjustments
2. Schedule 2 - Asset Register: List of assets to be returned or transferred
3. Schedule 3 - Outstanding Obligations: List of any outstanding obligations and their resolution
4. Schedule 4 - Timeline: Detailed timeline for implementing the termination actions
5. Appendix A - Original Investment Agreement: Copy of the original investment agreement being terminated
6. Appendix B - Powers of Attorney: Any required powers of attorney for executing the termination
7. Appendix C - Regulatory Approvals: Copies of any required regulatory approvals for the termination
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