This stock investment representation form is an agreement to acquire shares for an aggregate dollar amount in a private negotiated transaction.
Investment Representation Agreement between Evergreen Resources, Inc. and Delta Petroleum Corporation dated December 17, 1999. 4 pages
Title: Indiana Investment Representation Agreement between Evergreen Resources, Inc. and Delta Petroleum Corporation: A Comprehensive Overview Introduction: The Indiana Investment Representation Agreement is a legally binding document executed between Evergreen Resources, Inc. ("Evergreen") and Delta Petroleum Corporation ("Delta"). This agreement outlines the terms and conditions under which Evergreen will act as the investment representation of Delta in the state of Indiana. It serves as a foundation for their collaborative efforts and establishes a framework to protect both parties' interests. Key Provisions of the Indiana Investment Representation Agreement: 1. Parties Involved: The agreement clearly identifies Evergreen Resources, Inc. as the investment representation and Delta Petroleum Corporation as the beneficiary of such representation. 2. Scope of the Agreement: The agreement specifies that Evergreen will represent Delta exclusively in investment-related matters within the geographic boundaries of Indiana. This includes purchasing, acquiring, leasing, or investing in both tangible and intangible assets on behalf of Delta. 3. Duties and Responsibilities of Evergreen: The agreement outlines the obligations of Evergreen to act as Delta's fiduciary and diligently exercise their expertise to maximize returns, minimize risks, and promote the overall growth of Delta's investment portfolio. 4. Decision-Making Authority: The agreement designates Evergreen as Delta's authorized representative to make investment-related decisions, including negotiating transactions, signing contracts, and executing necessary documents, within the state of Indiana. 5. Compensation: The agreement clarifies the compensation structure for Evergreen, which may include a fixed fee, a percentage of the investment amount, or a combination of both, and the method of payment, whether it be upfront, periodic, or contingent upon successful investment outcomes. 6. Confidentiality and Non-Disclosure: To protect Delta's business interests, the agreement ensures that Evergreen will maintain strict confidentiality regarding Delta's financial information, investment strategies, and any other proprietary knowledge gained during the representation. 7. Term and Termination: The agreement establishes a defined term during which the representation will be in effect. It also outlines the conditions under which either party may terminate the agreement, such as material breach, insolvency, or by giving written notice within a specified timeframe. Types of Indiana Investment Representation Agreements: 1. Exclusive Representation Agreement: This agreement grants Evergreen exclusive rights to represent Delta in Indiana, preventing Delta from seeking alternative investment representation within the state. 2. Non-Exclusive Representation Agreement: Under this agreement, Evergreen can represent Delta alongside other investment representatives, allowing Delta to retain multiple partnerships for investment purposes in Indiana. Conclusion: The Indiana Investment Representation Agreement between Evergreen Resources, Inc. and Delta Petroleum Corporation serves as a legal safeguard that defines the rights, duties, and responsibilities of both parties. By establishing a clear framework, this agreement enables Delta to benefit from Evergreen's specialized investment expertise while ensuring focused attention and representation within the state of Indiana.Title: Indiana Investment Representation Agreement between Evergreen Resources, Inc. and Delta Petroleum Corporation: A Comprehensive Overview Introduction: The Indiana Investment Representation Agreement is a legally binding document executed between Evergreen Resources, Inc. ("Evergreen") and Delta Petroleum Corporation ("Delta"). This agreement outlines the terms and conditions under which Evergreen will act as the investment representation of Delta in the state of Indiana. It serves as a foundation for their collaborative efforts and establishes a framework to protect both parties' interests. Key Provisions of the Indiana Investment Representation Agreement: 1. Parties Involved: The agreement clearly identifies Evergreen Resources, Inc. as the investment representation and Delta Petroleum Corporation as the beneficiary of such representation. 2. Scope of the Agreement: The agreement specifies that Evergreen will represent Delta exclusively in investment-related matters within the geographic boundaries of Indiana. This includes purchasing, acquiring, leasing, or investing in both tangible and intangible assets on behalf of Delta. 3. Duties and Responsibilities of Evergreen: The agreement outlines the obligations of Evergreen to act as Delta's fiduciary and diligently exercise their expertise to maximize returns, minimize risks, and promote the overall growth of Delta's investment portfolio. 4. Decision-Making Authority: The agreement designates Evergreen as Delta's authorized representative to make investment-related decisions, including negotiating transactions, signing contracts, and executing necessary documents, within the state of Indiana. 5. Compensation: The agreement clarifies the compensation structure for Evergreen, which may include a fixed fee, a percentage of the investment amount, or a combination of both, and the method of payment, whether it be upfront, periodic, or contingent upon successful investment outcomes. 6. Confidentiality and Non-Disclosure: To protect Delta's business interests, the agreement ensures that Evergreen will maintain strict confidentiality regarding Delta's financial information, investment strategies, and any other proprietary knowledge gained during the representation. 7. Term and Termination: The agreement establishes a defined term during which the representation will be in effect. It also outlines the conditions under which either party may terminate the agreement, such as material breach, insolvency, or by giving written notice within a specified timeframe. Types of Indiana Investment Representation Agreements: 1. Exclusive Representation Agreement: This agreement grants Evergreen exclusive rights to represent Delta in Indiana, preventing Delta from seeking alternative investment representation within the state. 2. Non-Exclusive Representation Agreement: Under this agreement, Evergreen can represent Delta alongside other investment representatives, allowing Delta to retain multiple partnerships for investment purposes in Indiana. Conclusion: The Indiana Investment Representation Agreement between Evergreen Resources, Inc. and Delta Petroleum Corporation serves as a legal safeguard that defines the rights, duties, and responsibilities of both parties. By establishing a clear framework, this agreement enables Delta to benefit from Evergreen's specialized investment expertise while ensuring focused attention and representation within the state of Indiana.