Whether you are a private investor, the owner of an investment fund business or you are part of the management team of a business seeking investment, our dedicated business law solicitors have a wealth of knowledge and experience in advising on corporate investment transactions.
Tailored Investment Structure Advice
Minimising exposure to risk whilst seeking to maximise the return from investment is likely to be at the forefront of any investor’s mind when making a corporate investment.
For the management team of a business seeking investment, there is a fine balance between maximising financial investment in order to grow the business and minimising that business’ exposure to risk (and the exposure to the management team itself under the terms of any investment agreement).
Corporate investment is likely to be made by way of debt (for example, loans), by way of equity (often, investor shares) or with a combination of the two. There is usually a large number of documents involved in a corporate investment transaction, particularly where investment is by way of a hybrid of debt and equity. Our specialist business law solicitors have demonstrated experience managing corporate investment transactions to ensure that the agreed terms are carried throughout the various documents, from investment agreements to loan note instruments, shareholders’ agreements, investor articles of association and option agreements.
At Tinsdills, we understand the challenges involved in corporate investment for both the investor and management team and we are able to assist and advise on an investment structure that suits all parties involved.
The investor will often want to be in control of the terms of the investment agreement and so will usually insist that their solicitor prepares the first draft of the agreement to ensure that it is prepared in a manner that favours their interests. It is therefore essential that the management team seeks separate legal advice on the agreement to ensure that it is prepared in a reasonable and fair manner.
Preparation of a first draft of the investment agreement can begin at any time after the key commercial terms of the transaction have been agreed and heads of terms have been signed, if they are being used. Drafting of the agreement may be delayed until any due diligence exercise is well advanced and the investor has some certainty that the business is sound and the transaction will proceed to completion.
Within the context of a corporate investment transaction, anti-dilution provisions seek to prevent a business from obtaining further investment from third parties, without the consent of the current investor or to ensure that, where further investment is made, the investments of the first investor are not diluted.
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