Investment Agreement

1. All Parties involved are legally and contractually bound by the terms specified below.
2. This agreement (“Agreement”) is entered into as of the___ between (“Investor”) and Arden Forestry Management Ltd (“Company”).
3. Company is an investment company for private individuals seeking to invest in forestry by way of the purchase of trees in established managed forests.
4. Investor has agreed to make a forestry investment under the terms and conditions of this agreement and further set out in the application form attached at schedule.
5. INVESTMENT CONSIDERATION
Investor has agreed to purchase___ acres, and has paid the sum of __ The receipt of which is hereby acknowledged by the company.
6. FEES
Investor consents to company deducting __ of the investment total as its fee and a further__ of the investment total for marketing and administrative purposes.
7. INVESTMENT STRATEGY
The balance of the investment made shall be used by the company for the purchase of trees within a period of 12-18months. Once the timber has been selected a timber certificate will be provided to confirm the volume of timber due to the client at clearfel.
8. EXIT & MATURITY DATE
This particular site shall mature at the end of five years. At which point the trees shall be sold or harvested and the full sales proceeds of the sold or harvested trees shall be payable to the investor. Investor shall receive his investment return by way of cash payment within 90 days of the investment maturity date.
9. REPRESENTATIONS & WARRANTIES
To offer Investor the opportunity to enter into this transaction, Company represents and warrants to Investor.
9.1 ORGANISATION; GOOD STANDING.
The Company is a Corporation duly formed, validly organised and in good standing in the
jurisdiction of its formation. All constituent documents of the Company, and all amendments
and supplements are in full force and effect as of the date hereof.
9.2 POWER & AUTHORITY
The Company has full power and authority to enter into this agreement and incur the
obligations as contemplated hereby, and to carry out the provisions of this agreement. The
Company has taken all action necessary for the execution and delivery of this Agreement
and for the performance by the Company of each of its obligations as evidenced by
corporate resolution.
9.3 ENFORCEABILITY,
Upon execution and delivery by each of the parties, this agreement shall be the legal, valid
and binding obligations of the Company and shall be enforceable against the Company.
9.4 LITIGATION
The Company is not a party to nor has been, to the Company’s knowledge, threatened by,
any suits, actions, claims, investigations by Governmental Authorities or legal,
administrative, arbitration or mediation proceedings. The Company has no Knowledge of
any basis or grounds for any such suit, action, claim, investigation or proceeding.
9.5 ORDERS; DECREES; JUDGMENTS
There are no outstanding orders, judgments, writs, injunctions or decrees of any court,
Government Authority or arbitration or mediation panel or tribunal against or affecting the
Company.
9.6 INVESTOR ACKNOWLEDGEMENT & LIMITATION OF LIABILITY

 

He/She is fully aware of the risk entailed in this investment and shall hold the company and its directors harmless for any loss, including consequential loss Investor may suffer if the investment is non performing or performs poorly.
10. CONFIDENTIALITY
In connection with the business relationship contemplated by this Agreement, Investor may receive or have access to commercially valuable technical and nontechnical confidential or proprietary information of the Company including information in whatever form, relating to the business of the company that is not generally known or available to others, (“Confidential Information”). Investor acknowledges and agrees that any confidential Information received
or obtained from the company will be the sole and exclusive property of the company and may not be used, disseminated or disclosed except with the company’s consent or as may be required by law. If disclosure is required by law, Investor shall reasonably cooperate with the company’s request so that investor may preserve the confidentiality of the confidential Information to the extent reasonably possible.
11. GENERAL PROVISIONS REPRESENTATIONS AND WARRANTIES
Each party represents and warrants to the other party that: (i) such party has all necessary right, power and authority to enter into this agreement and to perform its obligations under this Agreement; and (ii) That nothing contained in this agreement or required by such party’s performance hereunder will place such party in breach of any other contract or agreement to which it is bound or violate any applicable law.
FORCE MAJEURE
Such party shall not be deemed in default of this agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within the seven (7) business days of such event or occurrence.
NOTICES
Any notice communication or statement relating to this agreement shall be in writing and deemed effective: (i) upon delivery when delivered in
person; (ii) upon transmission when delivered by verified facsimile transmission or email; or
(iii) when delivered by registered or certified mail, postage prepaid, return receipt or (iv) by
reputable courier service, to the address of the respective parties as follows. To Company at
the address listed on its Website; To Investor at the address set forth in the Investor
Application;
SUCCESSORS & ASSIGNS
This agreement shall be binding upon and inure to the benefit of the parties hereto, their
successors and assigns.

ENTIRE AGREEMENT
12. These terms and conditions form the entire agreement and supersede any prior agreement or arrangement. Whilst every care has been taken to ensure accuracy in the company’s promotional material the company does not offer any warranty as to its
accuracy. If any information supplied in any of its promotional documents or on its website proves to be misleading or inaccurate company shall not be liable to investor or any third party for any loss including consequential loss resulting either directly or indirectly
from the information provided. Investor acknowledges that no statement, promise or inducement has been made to him except as expressly provided for herein.
INTERPRETATION & JURISDICTION

14. The validity, construction and effect of this agreement, and any and all modifications thereof, shall be governed by the laws of the Republic of Ireland and the courts of the Republic of Ireland shall have exclusive jurisdiction of all matters arising therefrom.
15. IN WITNESS WHEREOF
The parties hereto have executed this agreement as of the day and year first above written.