Designated Investment Agreement Template for Nigeria

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Key Requirements PROMPT example:

Designated Investment Agreement

"I need a Designated Investment Agreement for a $50M manufacturing facility investment in Lagos, Nigeria, with particular focus on local content requirements and technology transfer provisions, to be implemented by March 2025."

Document background
The Designated Investment Agreement is a specialized contract used in Nigeria to facilitate and protect significant investment projects. This agreement is typically employed when foreign or domestic investors are making substantial capital commitments in strategic sectors of the Nigerian economy. The document serves multiple purposes: it establishes the legal framework for the investment, secures government support and incentives, ensures regulatory compliance, and provides investment protection mechanisms. The agreement is particularly important in the Nigerian context due to the complex regulatory environment and the need for clear documentation of government commitments and investor obligations. It includes comprehensive provisions covering investment scope, implementation timelines, local content requirements, foreign exchange provisions, and dispute resolution mechanisms. The agreement is often required by financial institutions and stakeholders as a prerequisite for project financing and demonstrates government support for the investment.
Suggested Sections

1. Parties: Identification of the investor and relevant Nigerian government entities or agencies

2. Background: Context of the investment, including government approvals and objectives

3. Definitions: Comprehensive definitions of terms used throughout the agreement

4. Scope of Investment: Detailed description of the investment project, activities, and commitments

5. Investment Commitments: Specific financial and operational commitments of the investor

6. Government Support and Incentives: Commitments from Nigerian authorities, including any tax incentives or support measures

7. Implementation Timeline: Key milestones and deadlines for investment implementation

8. Local Content Requirements: Compliance with Nigerian local content laws and commitments

9. Foreign Exchange Provisions: Rights and obligations regarding currency conversion and fund repatriation

10. Representations and Warranties: Standard and specific representations by both parties

11. Regulatory Compliance: Obligations to comply with Nigerian laws and regulations

12. Force Majeure: Events excusing performance and related procedures

13. Dispute Resolution: Procedures for resolving disputes, including arbitration provisions

14. Term and Termination: Duration of agreement and termination circumstances

15. Governing Law: Confirmation of Nigerian law as governing law and interpretation principles

16. Miscellaneous: Standard boilerplate provisions including notices, amendments, and assignments

Optional Sections

1. Environmental Compliance: Required for investments with environmental impact, detailing environmental obligations and compliance requirements

2. Employment and Training: Used when specific employment or training commitments are part of the investment

3. Technology Transfer: Important for investments involving significant technological components or knowledge transfer

4. Export Obligations: Required for export-oriented investments or those in free trade zones

5. Government Procurement: Relevant when investment involves supply to government entities

6. Security Arrangements: Necessary for investments requiring specific security measures or arrangements

7. Infrastructure Development: Required when investment includes development of supporting infrastructure

8. Community Development: Important for investments with significant community impact or CSR components

Suggested Schedules

1. Investment Plan: Detailed breakdown of investment amounts, phases, and timeline

2. Project Description: Technical specifications and scope of the investment project

3. Financial Model: Projected financials, capital structure, and financial commitments

4. Performance Metrics: Specific targets and performance indicators

5. Land and Assets: Details of land grants, leases, or assets involved in the investment

6. Government Permits: List of required permits, licenses, and their status

7. Local Content Plan: Detailed plan for meeting local content requirements

8. Key Personnel: List of key management and technical personnel

9. Environmental Management Plan: Environmental impact assessment and management measures

10. Security Documentation: Forms of security or guarantees required under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Oil and Gas

Manufacturing

Agriculture

Mining and Minerals

Infrastructure Development

Telecommunications

Power Generation

Healthcare

Technology

Financial Services

Real Estate Development

Transportation

Education

Relevant Teams

Legal

Finance

Corporate Development

Government Relations

Compliance

Risk Management

Project Management

Business Development

Operations

Strategic Planning

Investment

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Investment Director

General Counsel

Legal Counsel

Corporate Development Manager

Project Director

Business Development Director

Compliance Officer

Risk Manager

Investment Manager

Government Relations Manager

Country Manager

Finance Director

Operations Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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