Typical clauses in participation agreements
The collaboration between investor and company is legally regulated by a participation agreement. It is common for the investor to propose a participation agreement. What should I consider when negotiating the agreements, and what should I always know when entering into discussions with investors?
The Osborne Clarke team provides insights and tips on what typical participation agreements look like and what design options are available:
- What are typical elements?
- What are typical formulations?
- What is negotiable?
- Dilution protection, liquidity preference, co-sale obligation and other details
