The Project Investment Agreement is a crucial document used in New Zealand for structuring and governing significant project investments across various sectors. It provides a comprehensive framework for both domestic and international investors, ensuring compliance with New Zealand's regulatory requirements, including the Overseas Investment Act 2005 and related legislation. This agreement type is particularly important for large-scale projects requiring substantial capital investment, multiple stakeholder involvement, or complex regulatory approvals. The document typically includes detailed provisions for investment terms, project governance, risk allocation, reporting requirements, and exit mechanisms, while incorporating specific considerations for New Zealand's unique business and cultural environment, including Treaty of Waitangi obligations where applicable.
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1. Parties: Identifies and provides details of all parties to the agreement
2. Background: Sets out the context and purpose of the investment and project
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Investment Terms: Details the investment amount, structure, and payment terms
5. Project Scope: Defines the project objectives, deliverables, and timeline
6. Governance Structure: Establishes management and decision-making framework
7. Rights and Obligations: Details the responsibilities and rights of each party
8. Representations and Warranties: Standard and specific warranties from all parties
9. Conditions Precedent: Prerequisites that must be met before investment completion
10. Reporting and Information Rights: Establishes reporting requirements and information access
11. Exit Provisions: Mechanisms for investment exit or project termination
12. Confidentiality: Protections for confidential information
13. Dispute Resolution: Procedures for handling disputes
14. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Resource Consents: Required when project involves physical development or environmental impacts
2. Indigenous Rights Considerations: Required when project affects M膩ori interests or Treaty obligations
3. Employment Matters: Include when project involves staff transfers or new hiring
4. Intellectual Property Rights: Required when project involves creation or use of IP
5. Security Arrangements: Include when investment involves security or collateral
6. Tag-Along and Drag-Along Rights: Include for investments with multiple investors
7. Anti-dilution Provisions: Required for equity investments with potential future capital raising
8. Environmental Compliance: Include for projects with environmental impact
9. Foreign Investment Provisions: Required when involving overseas investors
1. Investment Details: Detailed breakdown of investment structure and terms
2. Project Timeline: Detailed project milestones and deadlines
3. Key Personnel: List of key project team members and their roles
4. Due Diligence Results: Summary of due diligence findings
5. Financial Projections: Detailed financial forecasts and assumptions
6. Governance Procedures: Detailed procedures for project governance
7. Reporting Templates: Standard formats for required project reports
8. Security Documents: Details of any security arrangements
9. Consents and Approvals: Copies of required regulatory approvals
10. Insurance Requirements: Details of required insurance coverage
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