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Investment Profit Sharing Agreement
"I need an Investment Profit Sharing Agreement under Swiss law for a tech startup investment where our VC firm will invest CHF 2 million for a 30% profit share, with quarterly distributions starting from March 2025 and specific provisions for future funding rounds."
1. Parties: Identification and details of all contracting parties, including their legal status and registered addresses
2. Background: Context of the agreement, including the purpose of the investment and brief description of the business venture
3. Definitions: Detailed definitions of key terms used throughout the agreement, including financial and technical terms
4. Investment Structure: Details of the investment amount, form of investment, and any staged investment provisions
5. Profit Definition and Calculation: Clear methodology for calculating profits, including accounting principles and specific inclusions/exclusions
6. Profit Distribution: Framework for profit sharing, including distribution percentages, frequency, and payment mechanisms
7. Reporting and Accountability: Requirements for financial reporting, access to information, and audit rights
8. Management and Control: Decision-making processes, voting rights, and management responsibilities
9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
10. Representations and Warranties: Standard and specific representations made by each party
11. Confidentiality: Provisions regarding the protection and handling of confidential information
12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for dispute resolution
13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Exit Mechanisms: Procedures for parties to exit the investment, including buy-out provisions and valuation methods - include when dealing with long-term investments
2. Tag-Along and Drag-Along Rights: Rights of investors in case of sale to third parties - relevant for multiple investor scenarios
3. International Payment Provisions: Specific provisions for cross-border payments and currency conversion - include for international investments
4. Intellectual Property Rights: Provisions regarding IP ownership and licensing - include when the investment involves technological or creative ventures
5. Non-Competition and Non-Solicitation: Restrictions on competitive activities - include when protecting business interests is crucial
6. Force Majeure: Provisions for unforeseeable circumstances - include when long-term or high-risk investments are involved
7. Tax Provisions: Specific tax-related provisions and allocations - include when complex tax structures are involved
8. Regulatory Compliance: Specific regulatory obligations and compliance requirements - include when dealing with regulated industries
1. Investment Schedule: Detailed breakdown of investment amounts, timing, and conditions precedent
2. Profit Calculation Methodology: Detailed technical explanation of profit calculation, including formulae and examples
3. Business Plan: Detailed business plan and financial projections
4. Reporting Templates: Standard formats for regular financial and operational reporting
5. Key Performance Indicators: Specific metrics and targets for measuring business performance
6. Corporate Structure Chart: Diagram showing corporate structure and ownership
7. Management Structure: Organizational chart and management responsibilities
8. Compliance Checklist: List of regulatory and compliance requirements to be maintained
Authors
Applicable Law
Business Day
Business Plan
Confidential Information
Distribution
Effective Date
Event of Default
Financial Year
Force Majeure Event
Gross Profit
Investment
Investment Period
Investment Return
Investor
Key Performance Indicators
Management Fee
Net Profit
Operating Expenses
Participating Interest
Parties
Performance Period
Profit Share
Profit Share Calculation Date
Profit Share Payment Date
Regulatory Authority
Reserved Matters
FINMA
Swiss Code of Obligations
Security Interest
Subscription Amount
Target Return
Term
Territory
Transfer
Valuation
Working Capital
Exit Event
Material Adverse Change
Permitted Encumbrance
Related Party
Swiss GAAP
Termination Event
Investment Terms
Payment Obligations
Profit Calculation
Profit Distribution
Management Rights
Information Rights
Reporting Requirements
Representations and Warranties
Covenants
Reserved Matters
Transfer Restrictions
Exit Rights
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property
Force Majeure
Term and Termination
Events of Default
Indemnification
Assignment
Notices
Amendment
Waiver
Severability
Entire Agreement
Counterparts
Governing Law
Dispute Resolution
Regulatory Compliance
Tax Matters
Record Keeping
Audit Rights
Anti-Money Laundering
Data Protection
Financial Services
Technology
Real Estate
Private Equity
Venture Capital
Manufacturing
Healthcare
Renewable Energy
Hospitality
Agriculture
E-commerce
Biotechnology
Infrastructure
Media and Entertainment
Legal
Finance
Corporate Development
Investment
Treasury
Compliance
Risk Management
Executive Management
Business Development
Financial Planning and Analysis
Mergers and Acquisitions
Strategy
Chief Financial Officer
Investment Manager
Legal Counsel
Chief Executive Officer
Investment Director
Fund Manager
Corporate Lawyer
Financial Controller
Business Development Director
Risk Manager
Compliance Officer
Portfolio Manager
Managing Partner
Investment Analyst
Treasury Manager
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