An Investment Advisory Agreement outlines the relationship between an advisor and client, specifying fiduciary duties and compensation. This playbook emphasizes regulatory compliance, performance reporting, and termination triggers.
Why This Matters: Unclear or onerous conditions can stall transactions or create grounds for dispute. Well-structured CPs manage expectations and reduce the risk of abortive costs.
Negotiation strategy
If you're the Company:
Ensure that all conditions precedent are clearly defined and achievable within the agreed timeline. Negotiate for waiver rights where possible to maintain flexibility.
If you're the Contractor:
Focus on including conditions that protect your interests and ensure the buyer's obligations are met before closing. Be prepared to negotiate on waiver rights.
Essential elements
1
Effective Date Conditions
Conditions for agreement effectiveness.
2
Funding Preconditions
Requirements before funds are disbursed.
3
Waiver Rights
Conditions that can be waived.
Action framework
ACCEPT
Propose edits when conditions are vague or overly burdensome. Ensure clarity and feasibility.
EDIT
Reject clauses that impose unrealistic or unachievable conditions.
ADD
Add conditions to address specific risks or regulatory requirements.
PRO TIP
Always align conditions precedent with the transaction's objectives and ensure they are specific and measurable.
Example clauses
FAVORABLE
Preferred Conditions Precedent
"The agreement shall become effective upon the satisfaction of the following conditions precedent: [list specific conditions]."
NEUTRAL
Standard Conditions Precedent
"The agreement is subject to the fulfillment of the following conditions, which may be waived by mutual consent: [list conditions]."
UNFAVORABLE
Unclear Conditions Precedent
"The agreement shall become effective upon satisfaction of conditions as determined by the parties."
Fallbacks
High-Risk Projects
In high-risk projects, conditions precedent should be more stringent to ensure all risks are mitigated before proceeding.
Cross-Border Transactions
Include jurisdiction-specific conditions to address regulatory compliance in each relevant country.
Fast-Track Deals
For expedited deals, streamline conditions to essential requirements only, ensuring quick fulfillment.
FEATURED SOLUTIONS
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Negotiate with confidence using DocJuris’s AI-powered suggestions. Pick a suggested action to balance or lean specific terms in favor of a party. Or, quickly make a clause mutual or simpler with a single click without the back-and-forth.
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Turn your contracts into structured insights. With Repository AI, DocJuris analyzes every imported agreement—so you always know what’s expiring, auto-renewing, or exposing risk. Total visibility, zero guesswork.
Unlike complex CLMs with long implementations and steep learning curves, DocJuris is built for speed and simplicity. We integrate with your workflow—whether connecting to a CLM or uploading agreements manually—so you're up and running in days, not months.
WEEK 1
CLM Readiness and Design
Our CX team works with you to understand your contracting challenges, prioritize key workflows, and identify the biggest impact areas. We build a tailored implementation plan that fits your needs.
WEEK 2
Install Module
We connect DocJuris to your contract repositories, set up admin and user accounts, and ensure your environment is ready for success.
WEEK 3
Deliver & Test
Your team builds initial playbooks, reviews existing clause libraries, and trains the DocJuris agent to align with your internal standards and negotiation positions.
WEEK 4
Launch
We support you in rolling out DocJuris to a pilot group or your full organization—with launch materials, training, and hands-on support to drive adoption from day one.
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DocJuris is not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options,selection of forms or strategies.