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Equity Line Agreement
"Need an Equity Line Agreement for our listed technology company to secure INR 500 crore funding from a US-based private equity fund, with quarterly drawdown options starting March 2025, including necessary SEBI and FEMA compliance provisions."
1. Parties: Identification of the company and the investor(s) entering into the agreement
2. Background: Recitals explaining the context and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Equity Line Facility: Core terms of the facility including commitment amount, duration, and pricing mechanism
5. Drawdown Mechanics: Detailed procedures for requesting and executing drawdowns
6. Conditions Precedent: Conditions that must be satisfied before the facility becomes effective
7. Representations and Warranties: Standard and specific representations by both parties
8. Company Undertakings: Ongoing obligations of the company during the facility period
9. Investor Undertakings: Commitments and obligations of the investor
10. Share Issuance Procedures: Process for issuing shares upon drawdown
11. Pricing Mechanism: Detailed methodology for determining share price for each drawdown
12. Regulatory Compliance: Provisions ensuring compliance with SEBI regulations and other applicable laws
13. Events of Default: Circumstances constituting default and consequences
14. Termination: Provisions for ending the agreement and consequences of termination
15. Confidentiality: Obligations regarding confidential information
16. Governing Law and Jurisdiction: Specification of Indian law and jurisdiction
1. Foreign Investment Compliance: Required if the investor is non-Indian, addressing FEMA compliance
2. Stock Exchange Compliance: Required if the company is listed, addressing listing regulations
3. Anti-Dilution Protection: Optional protection for investor against dilution of shareholding
4. Board Nomination Rights: Optional rights for investor to nominate board members
5. Tag-Along Rights: Optional right for investor to participate in share sales by promoters
6. Information Rights: Optional provisions for additional information access beyond statutory requirements
7. Most Favored Investor: Optional clause ensuring investor gets best terms offered to other investors
8. Lock-up Provisions: Optional restrictions on share transfers by either party
1. Drawdown Notice Format: Template for company to request drawdowns
2. Pricing Calculation Examples: Illustrative examples of share price calculation
3. Conditions Precedent Documents: List of required documents and certificates
4. Company Corporate Information: Details of company's share capital, directors, and corporate structure
5. Regulatory Approvals: List of required regulatory approvals and status
6. Share Issuance Timeline: Detailed timeline for completion of share issuance post-drawdown
7. Representations and Warranties Disclosure Schedule: Exceptions and qualifications to representations
8. Form of Legal Opinions: Template for required legal opinions
Authors
Financial Services
Technology
Healthcare
Manufacturing
Real Estate
Infrastructure
Renewable Energy
E-commerce
Telecommunications
Pharmaceuticals
Consumer Goods
Media and Entertainment
Legal
Finance
Corporate Development
Compliance
Treasury
Risk Management
Corporate Secretarial
Board of Directors
Investment
Corporate Affairs
Chief Financial Officer
General Counsel
Company Secretary
Chief Executive Officer
Investment Director
Corporate Finance Manager
Compliance Officer
Legal Counsel
Finance Director
Investment Manager
Corporate Development Manager
Treasury Manager
Risk Manager
Board Director
Financial Controller
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