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Investment Commitment Agreement for Nigeria

Investment Commitment Agreement Template for Nigeria

A comprehensive legal agreement governed by Nigerian law that formalizes the terms and conditions of an investment commitment between investors and target entities. The document outlines investment amount, structure, conditions precedent, completion mechanics, and post-investment rights and obligations while ensuring compliance with Nigerian investment regulations, including those set by the Nigerian Investment Promotion Commission (NIPC) and other relevant regulatory bodies. It incorporates necessary protections for both parties and addresses specific requirements of Nigerian corporate and investment laws.

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Investment Commitment Agreement

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What is a Investment Commitment Agreement?

The Investment Commitment Agreement is a crucial document used in Nigerian investment transactions to formalize investment arrangements between investors and target entities. This agreement type is particularly important in the Nigerian context due to specific regulatory requirements and the need to ensure compliance with local investment laws, including the Nigerian Investment Promotion Commission Act and Companies and Allied Matters Act 2020. The document serves as a binding commitment from investors to provide specified funding subject to agreed conditions, while also protecting the interests of all parties involved. It typically includes detailed provisions on investment structure, regulatory compliance, corporate governance, and investor rights, making it essential for both domestic and foreign investments in Nigeria. The Investment Commitment Agreement must be carefully drafted to address currency considerations, local content requirements, and specific sector regulations that may apply to the investment.

What sections should be included in a Investment Commitment Agreement?

1. Parties: Identification of the investor(s) and investee(s), including registration details and addresses

2. Background: Context of the investment, relationship between parties, and purpose of the agreement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Investment Commitment: Details of the investment amount, payment terms, and conditions precedent

5. Investment Structure: Form of investment (equity, debt, convertible, etc.) and implementation mechanism

6. Conditions Precedent: Conditions that must be satisfied before investment completion

7. Completion Mechanics: Process and requirements for completing the investment

8. Representations and Warranties: Standard and specific warranties from both parties

9. Covenants: Ongoing obligations of both parties, including regulatory compliance

10. Information Rights: Investor's rights to receive financial and operational information

11. Corporate Governance: Management and control provisions, board representation if applicable

12. Transfer Restrictions: Limitations on transfer of shares or rights

13. Termination: Circumstances and process for terminating the agreement

14. Confidentiality: Protection of confidential information and trade secrets

15. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

What sections are optional to include in a Investment Commitment Agreement?

1. Tag-Along Rights: Optional section for minority investor protection, used when investing in larger companies

2. Drag-Along Rights: Optional section for majority investor protection, used in cases of significant investment

3. Anti-dilution Protection: Used in equity investments to protect against future dilution

4. Conversion Rights: Required for convertible investments only

5. Local Content Compliance: Required for investments in sectors with specific local content requirements

6. Environmental Compliance: Required for investments in environmentally sensitive sectors

7. Currency Provisions: Required for foreign currency investments, addressing exchange rate risks

8. Exit Rights: Optional provisions detailing exit mechanisms and timelines

9. Right of First Refusal: Optional protection for existing shareholders or investors

What schedules should be included in a Investment Commitment Agreement?

1. Schedule 1 - Investment Details: Detailed breakdown of investment amount, tranches, and payment mechanics

2. Schedule 2 - Conditions Precedent: Detailed list of all conditions to be satisfied before completion

3. Schedule 3 - Completion Requirements: Checklist of documents and actions required at completion

4. Schedule 4 - Warranties: Detailed warranties from both parties

5. Schedule 5 - Corporate Information: Company details, shareholding structure, and corporate documents

6. Appendix A - Form of Share Certificate: Template for share certificates if applicable

7. Appendix B - Regulatory Approvals: List of required regulatory approvals and status

8. Appendix C - Business Plan: Agreed business plan and financial projections

9. Appendix D - Key Performance Indicators: Agreed metrics for monitoring investment performance

Authors

Alex Denne

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

Jurisdiction

Nigeria

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions























































Clauses










































Relevant Industries

Financial Services

Technology

Oil and Gas

Manufacturing

Agriculture

Real Estate

Infrastructure

Telecommunications

Healthcare

Energy

Mining

Retail

Education

Transportation

Construction

Relevant Teams

Legal

Finance

Investment

Corporate Development

Compliance

Risk Management

Board of Directors

Executive Management

Business Development

Corporate Governance

Treasury

Strategic Planning

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Investment Officer

Investment Manager

Legal Counsel

Corporate Lawyer

Investment Director

Managing Director

Finance Director

Business Development Manager

Investment Analyst

Compliance Officer

Risk Manager

Board Director

Company Secretary

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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