The Debt Investment Agreement is a crucial document in Nigerian corporate finance, used when a company seeks to raise capital through debt financing while providing investors with clearly defined rights and protections. This agreement, governed by Nigerian law including the Companies and Allied Matters Act 2020 and relevant financial regulations, sets out the complete framework for the investment relationship. It covers essential elements such as investment terms, security arrangements, compliance requirements, and enforcement mechanisms. The document is particularly important in the Nigerian context where formal documentation of financing arrangements is critical for both regulatory compliance and investor protection. It serves as the primary reference point for all parties involved in the debt investment transaction and is typically supported by various security documents and corporate authorizations.
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1. Parties: Identification of the investor(s) and investee company
2. Background: Recitals explaining the context and purpose of the investment
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Investment Amount and Terms: Details of the investment amount, interest rate, and payment terms
5. Conditions Precedent: Conditions that must be satisfied before the investment becomes effective
6. Drawdown Mechanics: Process and requirements for disbursement of the investment amount
7. Interest and Repayment: Interest calculation, payment dates, and repayment terms
8. Representations and Warranties: Standard and specific warranties from the company and key shareholders
9. Covenants: Positive and negative obligations of the company during the investment term
10. Events of Default: Circumstances constituting default and consequences
11. Taxes and Expenses: Tax provisions, withholding requirements, and cost allocations
12. Confidentiality: Confidentiality obligations and permitted disclosures
13. Notices: Communication methods and contact details
14. Governing Law and Jurisdiction: Nigerian law as governing law and jurisdiction provisions
15. Boilerplate Provisions: Standard clauses including assignment, amendments, and severability
1. Security: Terms of any security or guarantees provided - include if the debt is secured
2. Conversion Rights: Terms for converting debt to equity - include for convertible debt instruments
3. Intercreditor Provisions: Ranking and relationship with other creditors - include if there are multiple lenders
4. Foreign Exchange Provisions: Currency conversion and forex risk provisions - include for foreign currency investments
5. Information Rights: Enhanced reporting requirements - include for larger investments
6. Board Observer Rights: Rights to appoint board observer - include for strategic investments
7. Exit Rights: Early repayment and exit mechanisms - include for structured financing
8. Parent Company Guarantee: Guarantee from parent company - include if parent company backing is required
1. Investment Details: Detailed breakdown of investment amount, interest calculations, and payment schedule
2. Form of Drawdown Notice: Template for requesting disbursement of funds
3. Conditions Precedent Documents: List of required documents and conditions to be satisfied
4. Security Documents: Forms of security documents and perfection requirements
5. Company Information: Corporate information, shareholding structure, and key contracts
6. Financial Covenants: Detailed financial ratios and calculations
7. Permitted Indebtedness: List of existing and permitted debt obligations
8. Form of Compliance Certificate: Template for periodic compliance reporting
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking & Finance
Private Equity
Infrastructure
Real Estate
Manufacturing
Technology
Oil & Gas
Agriculture
Telecommunications
Healthcare
Mining
Retail
Construction
Energy
Transportation
Relevant Teams
Legal
Finance
Corporate Finance
Treasury
Risk Management
Compliance
Investment
Credit
Corporate Secretarial
Executive Management
Relevant Roles
Chief Financial Officer
Investment Manager
Legal Counsel
Corporate Finance Manager
Investment Director
Finance Director
Company Secretary
Risk Manager
Compliance Officer
Treasury Manager
Investment Analyst
Managing Director
Portfolio Manager
Credit Risk Officer
Transaction Manager
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