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
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