The Short Term Investment Agreement is utilized when parties seek to establish a temporary investment relationship, typically ranging from 6 months to 3 years, under Indian jurisdiction. This document is essential for businesses seeking short-term capital infusion while providing investors with defined exit timelines and return structures. It encompasses crucial elements such as investment terms, return calculations, regulatory compliance requirements (including SEBI regulations and Companies Act provisions), and protection mechanisms for both parties. The agreement is particularly relevant in the Indian market where short-term investments are common in various sectors, from startups to established businesses, and must comply with specific Indian regulatory requirements including foreign investment regulations if applicable.
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1. Parties: Identification of the investor(s) and investee company, including registration details and addresses
2. Background: Context of the investment, brief description of the investee company's business, and purpose of the investment
3. Definitions: Definitions of key terms used throughout the agreement
4. Investment Terms: Details of the investment amount, payment mechanism, and timeline for investment
5. Duration: Term of the investment and conditions for extension or early termination
6. Returns and Distribution: Structure of returns, calculation methodology, and payment schedule
7. Rights and Obligations: Key responsibilities and rights of both parties during the investment period
8. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority
9. Events of Default: Circumstances constituting default and corresponding remedies
10. Exit Mechanism: Terms and process for investment exit or redemption
11. Confidentiality: Provisions for maintaining confidentiality of sensitive information
12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
13. Notices: Process and addresses for formal communications between parties
14. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Foreign Investment Compliance: Required when investor is a foreign entity, covering FEMA compliance and RBI regulations
2. Security: Optional section for cases where the investment is secured against specific assets
3. Tag-Along Rights: Optional protection for minority investors in case of stake sale
4. Information Rights: Detailed reporting requirements, useful for larger investments
5. Board Nomination: Required when investment terms include board representation rights
6. Non-Compete and Non-Solicit: Optional restrictions on parties' competitive activities
7. Force Majeure: Optional clause for unforeseen circumstances affecting investment performance
1. Schedule 1 - Investment Details: Detailed breakdown of investment amount, tranches, and payment schedule
2. Schedule 2 - Company Information: Corporate information, shareholding pattern, and capital structure
3. Schedule 3 - Returns Calculation: Detailed methodology for calculating investment returns
4. Schedule 4 - KYC Documents: List of required KYC documents and compliance certificates
5. Schedule 5 - Bank Account Details: Banking information for fund transfers
6. Appendix A - Board Resolution: Copy of board resolutions approving the investment
7. Appendix B - Compliance Certificates: Relevant regulatory and statutory compliance certificates
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