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Private Equity Fund Agreement
"I need a Private Equity Fund Agreement for a Sharia-compliant technology-focused fund launching in March 2025, with a target size of SAR 500 million, including provisions for co-investment rights for strategic investors and specific investment restrictions for Saudi Arabian technology sector investments."
1. Parties: Identification of the Fund Manager, General Partner (if applicable), and initial Limited Partners
2. Background: Context of the fund establishment, purpose, and investment objectives
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. Fund Structure and Term: Legal structure, duration, investment period, and extension provisions
5. Capital Commitments: Terms regarding capital commitments, drawdown procedures, and default provisions
6. Investment Strategy and Restrictions: Detailed investment policy, restrictions, and Sharia compliance requirements
7. Management and Administration: Roles and responsibilities of the Fund Manager, investment committee, and key persons
8. Fees and Expenses: Management fees, carried interest, and fund expense allocation
9. Distributions: Distribution waterfall, timing, and reinvestment provisions
10. Transfer Restrictions: Limitations on transfer of fund interests and required approvals
11. Reporting and Valuations: Financial reporting obligations, valuation methodology, and investor communications
12. LP Rights and Meetings: Voting rights, LP meetings, and key person provisions
13. Indemnification and Liability: Scope of indemnification and limitation of liability provisions
14. Confidentiality: Confidentiality obligations and permitted disclosures
15. Termination and Liquidation: Fund termination events, winding-up procedures, and final distribution
16. Governing Law and Dispute Resolution: Saudi law as governing law and dispute resolution mechanisms
1. Co-Investment Rights: Used when LPs are granted rights to co-invest alongside the fund in certain investments
2. Parallel Vehicles: Included when parallel fund structures are established for different investor categories
3. Sharia Supervisory Board: Detailed when the fund has a dedicated Sharia board for ongoing compliance monitoring
4. ESG Provisions: Environmental, Social and Governance requirements when relevant to the investment strategy
5. Strategic Investor Rights: Special rights granted to strategic or cornerstone investors
6. Employee Co-Investment Scheme: Terms for employee participation in fund investments
7. Secondary Transactions: Procedures for secondary market transactions when permitted
8. Key Person Insurance: Requirements for insurance coverage of key personnel
1. Subscription Agreement: Form of subscription agreement for Limited Partners
2. Capital Commitment Schedule: List of Limited Partners and their capital commitments
3. Investment Guidelines: Detailed investment criteria and restrictions
4. Valuation Policy: Detailed methodology for portfolio valuation
5. Management Fee Calculations: Detailed calculations and examples of management fee provisions
6. Distribution Waterfall Examples: Illustrative examples of distribution calculations
7. Form of Drawdown Notice: Standard form for capital call notices
8. Transfer Documentation: Forms for transfer of fund interests
9. Sharia Guidelines: Detailed Sharia compliance requirements and prohibited investments
10. Conflicts Policy: Procedures for handling conflicts of interest
11. FATCA/CRS Forms: Required tax and regulatory reporting forms
12. AML Requirements: Anti-money laundering documentation requirements
Authors
Financial Services
Investment Management
Private Equity
Venture Capital
Asset Management
Banking
Professional Services
Real Estate
Infrastructure
Healthcare
Technology
Industrial
Consumer Goods
Energy
Legal
Compliance
Investment Management
Risk Management
Finance
Operations
Investor Relations
Due Diligence
Portfolio Management
Fund Administration
Corporate Governance
Sharia Advisory
Deal Execution
Asset Management
Chief Executive Officer
Chief Investment Officer
Fund Manager
Investment Director
Legal Counsel
Compliance Officer
Risk Manager
Portfolio Manager
Investment Analyst
Chief Financial Officer
Managing Partner
General Counsel
Sharia Compliance Officer
Investment Committee Member
Director of Operations
Fund Administrator
Investor Relations Manager
Due Diligence Officer
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