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Property Investment Contract
"I need a Property Investment Contract for a syndicated investment in a commercial office building in Melbourne, where five investors will contribute equally to purchase a $20M property through a unit trust structure, with the deal expected to complete by March 2025."
1. Parties: Identification of all parties to the agreement, including full legal names, ACN/ABN numbers, and registered addresses
2. Background: Context of the investment arrangement, including the property details and investment purpose
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules for interpretation
4. Investment Structure: Details of the investment arrangement, including ownership structure, investment amounts, and shares
5. Property Details: Comprehensive description of the investment property, including title details and encumbrances
6. Financial Terms: Investment amounts, payment terms, return calculations, and distribution mechanisms
7. Management and Control: Rights and responsibilities regarding property management and investment decisions
8. Reporting and Accounts: Requirements for financial reporting, accounting standards, and information sharing
9. Risk Disclosure: Detailed disclosure of investment risks and market considerations
10. Compliance Obligations: Regulatory compliance requirements and ongoing obligations of all parties
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Exit Mechanisms: Procedures for investment exit, including sale provisions and value determination
13. Dispute Resolution: Procedures for handling disputes between parties
14. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Development Rights: Used when the investment includes potential property development, outlining development rights and obligations
2. Foreign Investment Provisions: Required when any investor is a foreign person under FIRB regulations
3. Syndicate Provisions: Used for syndicated investments with multiple investors
4. Property Management Agreement: Included when specific property management arrangements are part of the investment structure
5. Special Purpose Vehicle: Required when investment is structured through a special purpose vehicle
6. Mortgage and Security: Included when the investment involves secured lending or mortgages
7. Environmental Matters: Required for properties with environmental considerations or obligations
8. Development Application: Used when the investment involves pending or future development applications
1. Schedule 1 - Property Details: Detailed property description, including title particulars, encumbrances, and current leases
2. Schedule 2 - Investment Terms: Detailed financial terms, including investment amounts, returns calculations, and distribution waterfall
3. Schedule 3 - Due Diligence Results: Summary of due diligence findings and identified risks
4. Schedule 4 - Management Scope: Detailed scope of property management services and responsibilities
5. Schedule 5 - Financial Model: Investment projections and financial modeling assumptions
6. Schedule 6 - Warranties: Detailed warranties given by each party
7. Appendix A - Property Plans: Property plans, drawings, and spatial details
8. Appendix B - Compliance Certificates: Relevant compliance and inspection certificates
9. Appendix C - Property Reports: Technical, environmental, and building condition reports
Authors
Agreed Value
Asset Management Fee
Authorised Representative
Business Day
Capital Contribution
Completion Date
Confidential Information
Control
Default Event
Development Approval
Dispute
Distribution Date
Due Diligence Period
Effective Date
Encumbrance
Exit Event
Financial Year
Force Majeure Event
FIRB Approval
Gross Asset Value
GST
Holding Costs
Independent Valuer
Investment Amount
Investment Period
Investment Return
Investment Vehicle
Investor
Land
Management Fee
Material Adverse Change
Net Operating Income
Permitted Use
Performance Fee
Property
Property Manager
Property Rights
Purchase Price
Related Body Corporate
Related Party
Security Interest
Special Resolution
Subsidiary
Target Return
Tax
Term
Title Documents
Transfer
Trust
Trustee
Valuation
Vendor
Property Acquisition
Purchase Price and Payment
Due Diligence
Conditions Precedent
Completion Obligations
Title and Ownership
Investment Returns
Distribution of Profits
Management Rights
Property Management
Asset Management
Financial Reporting
Valuation
Insurance
Confidentiality
Intellectual Property
Assignment and Transfer
Security Interests
Risk Allocation
Warranties and Representations
Indemnification
Force Majeure
Default and Remedies
Termination
Exit Rights
Tag-Along Rights
Drag-Along Rights
First Right of Refusal
Put and Call Options
Development Rights
Environmental Compliance
Regulatory Compliance
FIRB Compliance
Anti-Money Laundering
GST
Tax Matters
Dispute Resolution
Governing Law
Notices
Amendment
Severability
Entire Agreement
Further Assurance
Real Estate
Property Development
Financial Services
Investment Management
Banking
Construction
Professional Services
Asset Management
Property Management
Trust Services
Legal
Investment
Real Estate
Finance
Compliance
Risk Management
Asset Management
Property Management
Development
Operations
Transaction Advisory
Fund Administration
Investment Manager
Property Manager
Legal Counsel
Real Estate Director
Fund Manager
Chief Investment Officer
Property Developer
Asset Manager
Financial Controller
Compliance Officer
Trust Manager
Investment Analyst
Portfolio Manager
Real Estate Analyst
Risk Manager
Transaction Manager
Development Manager
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