The Investment Contract serves as a fundamental legal instrument for structuring and documenting investment transactions under German law. It is typically used when investors (institutional or individual) seek to make capital investments in companies, projects, or assets while ensuring compliance with German regulatory requirements. The document encompasses essential elements required by German investment laws, including the Kapitalanlagegesetzbuch (KAGB) and relevant EU regulations, and provides detailed provisions for investment terms, investor rights, risk disclosures, and regulatory compliance. This contract type is crucial for both domestic German investments and cross-border transactions where German law governs, offering protection to all parties while maintaining regulatory compliance with German financial supervision authorities.
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1. Parties: Identification of all contracting parties with full legal names and addresses
2. Background: Context of the investment and brief description of the business opportunity
3. Definitions: Definitions of key terms used throughout the agreement
4. Investment Amount and Terms: Detailed specification of the investment amount, valuation, and investment structure
5. Closing Conditions: Prerequisites and conditions that must be met before the investment is completed
6. Representations and Warranties: Statements of fact and assurances from both parties
7. Regulatory Compliance: Confirmations of compliance with German investment laws and regulations
8. Risk Disclosures: Mandatory risk warnings and disclosures as required by German law
9. Information Rights: Investor's rights to receive financial and operational information
10. Governance Rights: Details of investor's voting and participation rights
11. Transfer Restrictions: Limitations on the transfer of shares or investment interests
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Confidentiality: Obligations regarding confidential information
14. Notices: Process for formal communications between parties
15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Tag-Along Rights: Include when providing minority investor protection in case of sale
2. Drag-Along Rights: Include when majority investors need the right to force minority participation in a sale
3. Anti-Dilution Protection: Include when protecting against future dilution of investment
4. Board Representation: Include when investor is granted board seats
5. Liquidation Preference: Include when investors have priority in liquidation events
6. Conversion Rights: Include for convertible investments
7. Pre-emptive Rights: Include when investors have rights to participate in future funding rounds
8. KYC/AML Provisions: Include for investments requiring enhanced due diligence
1. Investment Details: Detailed breakdown of investment structure, amounts, and timing
2. Cap Table: Current and post-investment capitalization table
3. Business Plan: Company's business plan and financial projections
4. Due Diligence Findings: Summary of completed due diligence and any material findings
5. Corporate Documents: Copies of relevant corporate documents and certificates
6. Risk Factors: Detailed description of identified business and investment risks
7. Form of Shareholders' Resolution: Template for required shareholder resolutions
8. Required Regulatory Notices: Copies of mandatory regulatory notices and disclosures
Relevant legal definitions
Agreement
Investment Amount
Closing Date
Closing Conditions
Business Day
Affiliates
Articles of Association (Satzung)
Board of Directors (Vorstand)
Supervisory Board (Aufsichtsrat)
Commercial Register (Handelsregister)
Confidential Information
Due Diligence
EBITDA
Encumbrance
Financial Year
Force Majeure
Group
Investment Period
Key Performance Indicators
Material Adverse Change
Party/Parties
Permitted Transferee
Pre-emption Rights
Purchase Price
Regulatory Approvals
Representations and Warranties
Securities
Shareholders
Shares
Subscription Rights (Bezugsrechte)
Tag-Along Rights
Drag-Along Rights
Transaction Documents
Transfer
Valuation
Working Capital
Investment Purpose
Management
Business Plan
Completion
Default Event
Exit Event
Financial Statements
Investment Structure
Minority Rights
Notarized Deed (notarielle Urkunde)
Performance Targets
Qualified Majority (qualifizierte Mehrheit)
Reserved Matters
Share Capital (Grundkapital)
Subscription Agreement (Zeichnungsvereinbarung)
Term
Voting Rights
Investment Amount
Closing Date
Closing Conditions
Business Day
Affiliates
Articles of Association (Satzung)
Board of Directors (Vorstand)
Supervisory Board (Aufsichtsrat)
Commercial Register (Handelsregister)
Confidential Information
Due Diligence
EBITDA
Encumbrance
Financial Year
Force Majeure
Group
Investment Period
Key Performance Indicators
Material Adverse Change
Party/Parties
Permitted Transferee
Pre-emption Rights
Purchase Price
Regulatory Approvals
Representations and Warranties
Securities
Shareholders
Shares
Subscription Rights (Bezugsrechte)
Tag-Along Rights
Drag-Along Rights
Transaction Documents
Transfer
Valuation
Working Capital
Investment Purpose
Management
Business Plan
Completion
Default Event
Exit Event
Financial Statements
Investment Structure
Minority Rights
Notarized Deed (notarielle Urkunde)
Performance Targets
Qualified Majority (qualifizierte Mehrheit)
Reserved Matters
Share Capital (Grundkapital)
Subscription Agreement (Zeichnungsvereinbarung)
Term
Voting Rights
Clauses
Interpretation
Investment Terms
Subscription
Payment Terms
Conditions Precedent
Completion
Warranties and Representations
Due Diligence
Information Rights
Regulatory Compliance
Anti-Money Laundering
Share Transfer Restrictions
Pre-emption Rights
Tag-Along Rights
Drag-Along Rights
Board Representation
Voting Rights
Reserved Matters
Minority Protection
Dividend Rights
Exit Rights
Confidentiality
Non-Competition
Non-Solicitation
Reporting Requirements
Financial Covenants
Management Rights
Amendment Rights
Termination
Force Majeure
Assignment
Notices
Costs
Severability
Entire Agreement
Governing Law
Jurisdiction
Dispute Resolution
Investment Terms
Subscription
Payment Terms
Conditions Precedent
Completion
Warranties and Representations
Due Diligence
Information Rights
Regulatory Compliance
Anti-Money Laundering
Share Transfer Restrictions
Pre-emption Rights
Tag-Along Rights
Drag-Along Rights
Board Representation
Voting Rights
Reserved Matters
Minority Protection
Dividend Rights
Exit Rights
Confidentiality
Non-Competition
Non-Solicitation
Reporting Requirements
Financial Covenants
Management Rights
Amendment Rights
Termination
Force Majeure
Assignment
Notices
Costs
Severability
Entire Agreement
Governing Law
Jurisdiction
Dispute Resolution
Relevant Industries
Financial Services
Technology
Real Estate
Manufacturing
Healthcare
Renewable Energy
E-commerce
Biotechnology
Infrastructure
Software
Digital Media
Consumer Goods
Professional Services
Telecommunications
Relevant Teams
Legal
Finance
Compliance
Corporate Development
Risk Management
Investment
Board of Directors
Due Diligence
Corporate Governance
Investor Relations
Relevant Roles
Chief Financial Officer
Investment Manager
Legal Counsel
Compliance Officer
Corporate Development Director
Investment Analyst
Risk Manager
Board Member
Managing Director
Finance Director
Portfolio Manager
Due Diligence Specialist
Investment Relations Manager
Corporate Secretary
Business Development Director
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