The Private Equity Finder's Fee Agreement is essential when companies or funds seek to raise capital through private equity investments and engage intermediaries to source potential investors. This document, governed by U.S. securities laws, establishes clear parameters for the finder's role, compensation structure, and regulatory compliance obligations. It protects both parties by clearly defining the scope of services, payment terms, and compliance requirements while addressing potential regulatory concerns regarding broker-dealer activities.
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1. Parties: Identification of the finder and the company/fund seeking investment
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Key terms used throughout the agreement including 'Qualified Investment', 'Finder's Fee', 'Investor'
4. Services: Detailed description of finder's services and obligations
5. Compensation: Structure and terms of finder's fee payment
6. Term and Termination: Duration of agreement and termination provisions
7. Representations and Warranties: Statements of fact and assurances from both parties
8. Confidentiality: Protection of confidential information
9. Governing Law: Applicable jurisdiction and dispute resolution
1. Exclusivity: Terms of exclusive arrangement if finder has exclusive rights for specific investors or territories
2. Tail Period: Post-termination period during which finder remains entitled to fees for investments from introduced parties
3. Regulatory Compliance: Specific compliance obligations and requirements for regulated activities
4. Indemnification: Terms of mutual or one-way indemnification for third-party claims
1. Schedule of Qualified Investors: List of potential investors introduced by finder
2. Fee Schedule: Detailed breakdown of fee structure and calculation methodology
3. Services Description: Detailed scope of finder's services
4. Compliance Requirements: Specific regulatory requirements and procedures
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