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Finder's Fee Agreement For Raising Capital
"I need a Finder's Fee Agreement For Raising Capital for my Mumbai-based technology startup, with a 2% success fee structure and exclusive rights for the finder in the APAC region, targeting to raise Series A funding of USD 5 million by March 2025."
1. Parties: Identifies the principal company seeking capital and the finder, including their complete legal names and addresses
2. Background: Explains the context: company's need for capital raising and finder's capability to introduce potential investors
3. Definitions: Defines key terms including 'Successful Introduction', 'Qualified Investor', 'Investment', and 'Finder's Fee'
4. Scope of Services: Details the finder's role, responsibilities, and limitations in introducing potential investors
5. Engagement Terms: Specifies the nature of relationship (non-exclusive/exclusive), territory, and duration of the agreement
6. Compensation Structure: Details the finder's fee calculation method, payment triggers, and payment terms
7. Regulatory Compliance: Addresses compliance with SEBI regulations and other applicable laws
8. Representations and Warranties: Standard declarations by both parties regarding authority, capacity, and compliance
9. Confidentiality: Obligations regarding protection of confidential information
10. Term and Termination: Duration of agreement and circumstances for termination
11. Indemnification: Mutual indemnification provisions for breach or misconduct
12. General Provisions: Standard clauses including notices, governing law, dispute resolution, and entire agreement
1. Foreign Investment Compliance: Required when deal involves potential foreign investors, addressing FEMA compliance
2. Tail Period: Defines period post-termination during which finder remains entitled to fees for previously introduced investors
3. Non-Circumvention: Prevents direct dealings with introduced investors bypassing the finder
4. Success Fee Alternatives: Alternative compensation structures based on different investment scenarios
5. Non-Solicitation: Prevents parties from hiring each other's employees or contractors
6. Expense Reimbursement: Terms for reimbursing finder's pre-approved expenses
7. Regulatory Registrations: Required when finder needs specific registrations or licenses
1. Schedule A - Fee Structure: Detailed breakdown of fee calculations, tiers, and payment mechanisms
2. Schedule B - Qualified Investor Criteria: Specific criteria defining eligible investors for valid introductions
3. Schedule C - Reporting Format: Template for reporting introductions and tracking potential investments
4. Schedule D - Excluded Investors: List of pre-existing contacts or excluded potential investors
5. Appendix 1 - Introduction Protocol: Detailed process for making and documenting investor introductions
6. Appendix 2 - Compliance Checklist: Regulatory compliance requirements and documentation checklist
Authors
Affiliate
Business Day
Confidential Information
Effective Date
Excluded Investors
Finder's Fee
Force Majeure Event
Investment
Investment Amount
Intellectual Property Rights
Introduction
Qualified Investor
Qualified Investment
Services
Successful Introduction
Target Investment Amount
Term
Territory
Transaction
Investment Period
Tail Period
Related Party
Regulatory Authority
SEBI
Material Adverse Effect
Non-Circumvention Period
Competing Business
Due Diligence Materials
Investment Documentation
Appointment
Scope of Services
Exclusivity
Term and Duration
Compensation
Payment Terms
Success Fee
Performance Obligations
Representations and Warranties
Regulatory Compliance
Confidentiality
Non-Disclosure
Non-Circumvention
Non-Solicitation
Intellectual Property
Indemnification
Limitation of Liability
Force Majeure
Termination
Consequences of Termination
Assignment
Notice
Governing Law
Dispute Resolution
Entire Agreement
Amendment
Severability
Waiver
Relationship of Parties
Third Party Rights
Costs
Counterparts
Authority
Anti-Bribery and Corruption
Data Protection
Record Keeping
Reporting Requirements
Foreign Investment Compliance
Technology and Software
Manufacturing
Healthcare
Real Estate
Financial Services
E-commerce
Infrastructure
Renewable Energy
Education
Retail
Hospitality
Telecommunications
Biotechnology
Agriculture
Professional Services
Legal
Finance
Compliance
Corporate Development
Business Development
Investment Relations
Corporate Strategy
Treasury
Risk Management
Executive Leadership
Chief Executive Officer
Chief Financial Officer
Investment Banker
Business Development Manager
Legal Counsel
Compliance Officer
Company Secretary
Finance Director
Investment Relations Manager
Managing Director
Business Development Executive
Corporate Finance Manager
Venture Capital Associate
Private Equity Manager
Strategy Director
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