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Designated Investment Agreement
"I need a Designated Investment Agreement for a renewable energy project in Queensland, Australia, where a foreign institutional investor will invest AUD 50 million, with completion expected by March 2025 and specific provisions for environmental compliance and indigenous land rights."
1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Sets out the context and purpose of the agreement, including any relevant history or circumstances leading to the investment arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules for interpretation
4. Investment Structure: Details of the investment arrangement, including amount, type, and structure of the investment
5. Investment Terms: Specific terms and conditions of the investment, including duration, returns, and performance metrics
6. Regulatory Compliance: Obligations regarding compliance with relevant Australian laws and regulations
7. Rights and Obligations: Detailed responsibilities and rights of each party under the agreement
8. Financial Provisions: Terms relating to payments, fees, costs, and financial reporting requirements
9. Representations and Warranties: Statements of fact and assurances made by each party
10. Security and Collateral: Details of any security arrangements or collateral requirements
11. Risk Allocation: Distribution of risks between parties and risk management requirements
12. Reporting and Disclosure: Requirements for regular reporting, auditing, and information disclosure
13. Default and Remedies: Events of default and corresponding remedies available to parties
14. Term and Termination: Duration of the agreement and circumstances for termination
15. Dispute Resolution: Procedures for resolving disputes between parties
16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Foreign Investment Provisions: Required when the investment involves foreign investors or cross-border transactions
2. Environmental Compliance: Necessary for investments in environmentally sensitive sectors or activities
3. Indigenous Land Rights: Required when investment involves or affects indigenous lands or rights
4. State-Specific Provisions: Additional provisions required by specific Australian state legislation
5. Special Purpose Vehicle: Provisions relating to establishment and operation of an SPV, if required
6. Tax Structure: Detailed tax arrangements when complex tax structures are involved
7. Change of Control: Provisions dealing with changes in ownership or control of investing entities
8. Co-Investment Rights: Terms governing rights of other investors to participate in the investment
9. Exit Mechanisms: Detailed provisions for investment exit strategies when required
10. Force Majeure: Provisions for handling unforeseen circumstances affecting the investment
1. Investment Details: Detailed breakdown of investment amount, structure, and timing
2. Due Diligence Results: Summary of due diligence findings and any resulting conditions
3. Compliance Requirements: Detailed regulatory compliance requirements and procedures
4. Financial Models: Investment projections, returns calculations, and financial assumptions
5. Security Documents: Details of security arrangements, including charges and guarantees
6. Reporting Templates: Standard formats for required regular reporting
7. Key Personnel: Details of key individuals involved in managing the investment
8. Corporate Structure: Organization charts and ownership structures of relevant entities
9. Material Contracts: List and summaries of related material contracts
10. Required Approvals: List of regulatory and other approvals required and their status
Authors
Accounting Standards
Additional Investment
Affiliate
Applicable Laws
ASIC
Associate
ASX
Australian Consumer Law
Authorisation
Business Day
Change of Control
Claim
Commencement Date
Completion
Compliance Certificate
Conditions Precedent
Confidential Information
Consequential Loss
Control
Corporations Act
Default Event
Designated Investment
Designated Investment Period
Due Diligence Materials
Effective Date
Encumbrance
Event of Default
Expert
Financial Indebtedness
Financial Year
Force Majeure Event
Governmental Agency
GST
Holding Company
Investment Amount
Investment Committee
Investment Documents
Investment Period
Investment Returns
Investment Structure
Investment Terms
Insolvency Event
Key Personnel
Legal Requirements
Losses
Material Adverse Change
Material Contract
Notice
Permitted Encumbrance
Permitted Investment
Related Body Corporate
Related Party
Relevant Interest
Representative
Security Interest
Subsidiary
Substantial Holder
Tax
Term
Transaction Documents
Valuation
Regulatory Compliance
Conditions Precedent
Representations and Warranties
Investment Structure
Payment Obligations
Security Arrangements
Performance Requirements
Reporting Requirements
Information Rights
Confidentiality
Data Protection
Anti-Money Laundering
Foreign Investment Compliance
Risk Allocation
Investment Management
Decision Making Rights
Voting Rights
Transfer Restrictions
Change of Control
Default Events
Remedies
Force Majeure
Term and Termination
Exit Rights
Tag-Along Rights
Drag-Along Rights
Pre-emptive Rights
Dispute Resolution
Governing Law
Jurisdiction
Assignment
Amendments
Notices
Costs and Expenses
Tax Provisions
Indemnification
Insurance
Environmental Compliance
Social Responsibility
Corporate Governance
Financial Covenants
Audit Rights
Record Keeping
Non-Competition
Non-Solicitation
Intellectual Property
Authorizations and Consents
Further Assurance
Severability
Entire Agreement
Counterparts
Time of Essence
Financial Services
Infrastructure
Real Estate
Mining and Resources
Agriculture
Technology
Healthcare
Renewable Energy
Manufacturing
Transportation
Education
Telecommunications
Legal
Finance
Compliance
Risk Management
Investment
Treasury
Corporate Development
Regulatory Affairs
Operations
Due Diligence
Corporate Governance
Strategy
Chief Investment Officer
Legal Counsel
Investment Manager
Compliance Officer
Chief Financial Officer
Risk Manager
Portfolio Manager
Investment Analyst
Corporate Treasurer
Financial Controller
Regulatory Affairs Director
Investment Director
Fund Manager
General Counsel
Company Secretary
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