The Investment Sharing Agreement is a crucial document used in Irish business transactions where multiple parties seek to pool their investment resources and define their rights and obligations in a shared investment venture. This agreement type is particularly relevant in the Irish market where cross-border investments and complex investment structures are common. The document addresses key aspects required under Irish law including regulatory compliance, corporate governance, and investor protection measures. It provides a framework for managing investment contributions, distributions, and exit strategies while ensuring compliance with both domestic Irish legislation and relevant EU regulations. The Investment Sharing Agreement is essential for structuring co-investment arrangements, joint ventures, and investment syndicates, incorporating specific provisions required by Irish financial services regulations and company law.
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1. Parties: Identification and details of all parties to the agreement
2. Background: Context of the investment arrangement and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Investment Structure: Details of the investment vehicle, structure, and mechanics
5. Investment Contributions: Specification of each party's investment contributions, whether monetary or in-kind
6. Ownership and Distribution Rights: Allocation of ownership interests and distribution of returns
7. Management and Control: Governance structure and decision-making processes
8. Transfer Restrictions: Limitations on transfer of investment interests
9. Regulatory Compliance: Obligations regarding regulatory compliance and reporting
10. Representations and Warranties: Standard and specific warranties from all parties
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement and termination provisions
13. Exit Mechanisms: Procedures for exit including tag-along and drag-along rights
14. Dispute Resolution: Process for resolving disputes between parties
15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Anti-Dilution Protection: Protection mechanisms against dilution of investment, included when dealing with company investments
2. Co-Sale Rights: Rights of investors to participate in future sales, relevant for venture capital investments
3. Pre-emptive Rights: Rights to participate in future funding rounds, included for growth investments
4. Information Rights: Specific rights to company information and reports, relevant for minority investors
5. Board Representation: Rights to board seats or observer status, included for significant investments
6. Investment Milestones: Staged investment conditions and requirements, used for phased investments
7. Non-Compete Provisions: Restrictions on competitive activities, included when investors have access to sensitive information
8. Tax Matters: Specific tax treatment and obligations, included for complex investment structures
1. Schedule 1 - Investment Details: Detailed breakdown of investment amounts, valuations, and ownership percentages
2. Schedule 2 - Business Plan: Overview of business strategy and financial projections
3. Schedule 3 - Conditions Precedent: List of conditions that must be met before investment completion
4. Schedule 4 - Deed of Adherence: Template for new parties joining the agreement
5. Schedule 5 - Reserved Matters: List of decisions requiring special approval
6. Schedule 6 - Initial Officers: Details of initial management team and key personnel
7. Appendix A - Calculation Methods: Detailed methodology for calculating valuations and returns
8. Appendix B - Reporting Requirements: Specific requirements for financial and operational reporting
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