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Startup Investment Agreement
"I need a Startup Investment Agreement for a Series A investment of INR 5 crores in my SaaS company, with multiple international investors participating and specific provisions for ESOP pool creation of 10% post-investment."
1. Parties: Identification of the startup company, founders, and investors with complete details
2. Background: Context of the investment, brief description of the business, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Investment Terms: Details of investment amount, valuation, and number/type of shares being issued
5. Conditions Precedent: Conditions that must be satisfied before the investment is made
6. Closing Mechanics: Process and requirements for completing the investment transaction
7. Representations and Warranties: Statements of fact by the company and founders about the business
8. Investor Rights: Rights granted to investors including information rights and board representation
9. Transfer Restrictions: Limitations on transfer of shares and related rights of first refusal
10. Tag-Along and Drag-Along Rights: Rights of investors to join in sale of shares or force other shareholders to sell
11. Anti-Dilution Protection: Protection for investors against future dilution of their shareholding
12. Covenants: Ongoing obligations of the company and founders
13. Events of Default: Circumstances constituting breach and corresponding remedies
14. Exit Rights: Provisions regarding IPO, strategic sale, or other exit mechanisms
15. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction
16. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability
1. Founder Vesting: Include when founders' shares need to be subject to vesting schedule
2. ESOP Pool: Include when creating or reserving employee stock options
3. Foreign Investment Compliance: Include when there are foreign investors requiring FEMA compliance
4. Special Rights for Lead Investor: Include when lead investor requires additional rights or protections
5. Non-Compete and Non-Solicit: Include when specific restrictions on founders' activities are required
6. Intellectual Property Assignment: Include when IP transfer from founders to company needs to be documented
7. Bridge Financing Provisions: Include when the investment is bridge funding with conversion rights
8. Strategic Investor Rights: Include when investor brings strategic value beyond capital
1. Schedule 1: Cap Table: Pre and post-investment shareholding pattern
2. Schedule 2: Subscription Details: Detailed breakdown of investment amount and shares
3. Schedule 3: Conditions Precedent: Detailed list of conditions to be satisfied before closing
4. Schedule 4: Warranties: Comprehensive list of company and founder warranties
5. Schedule 5: Company Information: Key corporate and business information about the startup
6. Schedule 6: Identified Assets: List of key assets including IP rights and material contracts
7. Schedule 7: Disclosure Schedule: Exceptions to warranties and representations
8. Appendix A: Board Composition: Details of board structure and governance mechanisms
9. Appendix B: Reserved Matters: List of actions requiring investor approval
10. Appendix C: Deed of Adherence: Template for future shareholders to join the agreement
Authors
Technology
E-commerce
Healthcare
FinTech
EdTech
AgriTech
Clean Energy
Manufacturing
Consumer Services
Enterprise Software
Biotechnology
Retail
Logistics
Media and Entertainment
Food and Beverage
Legal
Finance
Corporate Development
Compliance
Executive Leadership
Investment
Corporate Secretarial
Business Development
Risk Management
Operations
CEO
Founder
Managing Director
Chief Financial Officer
General Counsel
Legal Director
Investment Manager
Venture Capital Associate
Private Equity Manager
Company Secretary
Corporate Lawyer
Investment Banker
Chief Operating Officer
Compliance Officer
Business Development Manager
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