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Investment Bank Engagement Letter
"I need an Investment Bank Engagement Letter under Swiss law for Credit Suisse to provide M&A advisory services to a tech startup, including a success fee structure and a 12-month exclusivity period starting March 2025."
1. Addressing and Introduction: Formal letter heading, date, and proper addressing of the client
2. Engagement Scope: Clear definition of the investment banking services to be provided, including specific transaction or advisory mandate
3. Fees and Expenses: Detailed structure of fees, including retainer, success fees, and reimbursable expenses
4. Team and Resources: Key personnel assigned to the engagement and commitment of resources
5. Confidentiality: Obligations regarding confidential information handling and Swiss banking secrecy requirements
6. Exclusivity: Terms of any exclusive arrangement between the parties
7. Term and Termination: Duration of the engagement and termination provisions
8. Indemnification: Client's obligations to indemnify the bank for certain claims or losses
9. Regulatory Compliance: Acknowledgment of applicable Swiss regulatory requirements and compliance obligations
10. Governing Law: Confirmation of Swiss law governance and jurisdiction
1. Fairness Opinion: Required when the bank may be asked to provide a fairness opinion on a transaction
2. Deal Team Restrictions: Needed for Chinese Wall provisions in case of potential conflicts
3. Success Fee Trigger Events: Detailed discussion of events triggering success fees, particularly relevant in M&A transactions
4. International Sanctions Compliance: Required when dealing with cross-border transactions or international clients
5. Research Coverage: Needed when the engagement involves potential research coverage considerations
6. Third-Party Rights: Required when other parties might be involved in the transaction
7. Force Majeure: Optional provisions for extraordinary circumstances affecting the engagement
1. Fee Schedule: Detailed breakdown of all fees, including calculation methodologies and payment terms
2. Team Biography: Professional profiles of key team members assigned to the engagement
3. Scope of Services: Detailed description of specific services and deliverables
4. Compliance Requirements: Specific regulatory and compliance obligations under Swiss law
5. Standard Terms and Conditions: Bank's standard terms and conditions applicable to the engagement
6. Required Client Documentation: List of required KYC and other regulatory documentation
7. Conflicts Check Procedures: Description of the bank's conflict checking procedures and requirements
Authors
Affiliate
Bank
Client
Company
Confidential Information
Engagement
Engagement Period
Fees
FINMA
Group
Information Barriers
Investment Banking Services
Material Adverse Change
Professional Standards
Regulated Activities
Regulatory Authority
Retainer Fee
Success Fee
Services
Swiss Banking Secrecy Laws
Target
Transaction
Transaction Value
Work Product
Business Day
Completion
Competing Transaction
Control
Deal Team
Due Diligence
Fairness Opinion
Financial Instruments
Indemnified Persons
Intellectual Property Rights
Marketing Materials
Professional Advice
Restricted Person
Signing Date
Tail Period
Termination Date
Third Party
Valuation
Appointment
Fees and Expenses
Payment Terms
Confidentiality
Banking Secrecy
Regulatory Compliance
Information Provision
Team Composition
Exclusivity
Term and Termination
Indemnification
Limitation of Liability
Representations and Warranties
Conflicts of Interest
Information Barriers
Use of Information
Intellectual Property
Data Protection
Anti-Money Laundering
Force Majeure
Assignment
Notices
Amendment
Severability
Entire Agreement
Governing Law
Jurisdiction
Survival
Third Party Rights
Success Fee Conditions
Engagement Period
Tail Rights
Client Cooperation
Financial Services
Investment Banking
Corporate Finance
Mergers & Acquisitions
Capital Markets
Private Equity
Asset Management
Corporate Banking
Real Estate
Technology
Healthcare
Industrial
Consumer Goods
Energy
Infrastructure
Telecommunications
Legal
Compliance
Investment Banking
Corporate Finance
Mergers & Acquisitions
Capital Markets
Risk Management
Corporate Development
Treasury
Executive Management
Board of Directors
Financial Control
Corporate Secretariat
Regulatory Affairs
Chief Executive Officer
Chief Financial Officer
Head of Investment Banking
Managing Director
Director
Vice President
Associate
General Counsel
Legal Counsel
Compliance Officer
Head of M&A
Head of Capital Markets
Corporate Development Director
Treasury Manager
Board Member
Company Secretary
Risk Manager
Financial Controller
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