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Private Equity Finder's Fee Agreement
"I need a Private Equity Finder's Fee Agreement under Australian law for my corporate advisory firm, with a 2% success fee structure and specific provisions for cross-border transactions in the Asia-Pacific region."
1. Parties: Identification of the finder and the client company, including full legal names and addresses
2. Background: Context of the agreement, including the client's desire to identify potential investors and the finder's capability to provide such services
3. Definitions: Key terms used throughout the agreement, including 'Qualified Investor', 'Investment', 'Success Fee', and 'Introduction'
4. Appointment and Scope of Services: Details of the finder's appointment, specific services to be provided, and any territorial or sector limitations
5. Exclusivity: Whether the finder has exclusive or non-exclusive rights to introduce potential investors
6. Fee Structure: Detailed description of all fees, including success fees, calculation methods, and payment terms
7. Payment Terms: Timing of payments, method of payment, and handling of expenses
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Representations and Warranties: Each party's assurances, including regulatory compliance and capacity to perform
10. Confidentiality: Obligations regarding confidential information and its protection
11. Regulatory Compliance: Acknowledgments and obligations regarding relevant financial services laws and regulations
12. Limitation of Liability: Scope of the finder's liability and any limitations or caps
13. General Provisions: Standard clauses including governing law, notices, assignment, and entire agreement
1. Tail Period: Defines the period after termination during which the finder remains entitled to fees - include when there's potential for delayed investments
2. Non-Circumvention: Prevents direct dealings between the client and introduced parties to avoid fee payment - include in higher-risk situations
3. Due Diligence Support: Optional provisions for the finder's role in due diligence processes - include if finder will be involved in deal execution
4. Marketing Materials: Provisions regarding the preparation and approval of materials used to present opportunities - include if finder will create marketing materials
5. Non-Solicitation: Prevents parties from hiring each other's employees - include in longer-term arrangements
6. Force Majeure: Provisions for unforeseen circumstances preventing performance - include in longer-term arrangements
1. Schedule 1 - Fee Calculation: Detailed methodology for calculating success fees, including examples and specific scenarios
2. Schedule 2 - Approved Introduction List: List of pre-approved potential investors or targets that would qualify for fees
3. Schedule 3 - Excluded Parties: List of investors or parties excluded from the fee arrangement
4. Schedule 4 - Required Disclosures: Mandatory regulatory disclosures and disclaimers
5. Schedule 5 - Services Description: Detailed description of specific services to be provided by the finder
6. Appendix A - Reporting Template: Standard format for reporting introductions and tracking potential investments
Authors
Financial Services
Private Equity
Investment Banking
Professional Services
Corporate Advisory
Venture Capital
Investment Management
Business Consulting
Mergers & Acquisitions
Corporate Finance
Legal
Finance
Corporate Development
Investment
Compliance
Business Development
Deal Origination
Corporate Finance
Executive Management
Risk Management
Chief Executive Officer
Chief Financial Officer
General Counsel
Legal Counsel
Investment Director
Private Equity Partner
Corporate Development Manager
Business Development Director
Investment Manager
Deal Origination Manager
Compliance Officer
Finance Director
Managing Director
Investment Associate
Corporate Finance Manager
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