When it comes to raising funds for a company, there are several options available. One popular option is issuing convertible debentures. A convertible debenture is a type of bond that can be converted into equity shares at a later date. This means that investors who purchase convertible debentures have the option to convert their debt into ownership in the company.
If you are considering issuing convertible debentures, it is important to have a well-drafted convertible debenture agreement. This agreement establishes the terms and conditions of the convertible debenture, including the conversion ratio, interest rate, and maturity date.
Here are some key elements that should be included in a convertible debenture agreement:
1. Conversion ratio: The conversion ratio is the number of equity shares that will be issued for each convertible debenture. This ratio should be specified in the agreement.
2. Conversion price: The conversion price is the price at which the convertible debenture can be converted into equity shares. This price should be specified in the agreement.
3. Interest rate: Convertible debentures typically have a fixed interest rate that is paid to investors. This rate should be specified in the agreement.
4. Maturity date: The maturity date is the date on which the convertible debenture will be redeemed. This date should be specified in the agreement.
5. Redemption terms: The convertible debenture agreement should outline the terms and conditions under which the investor can redeem the debenture, including any penalties for early redemption.
6. Covenants: Convertible debenture agreements may include covenants, which are promises made by the issuer to the investor. These may include restrictions on the use of funds or requirements to maintain certain financial ratios.
In addition to these key elements, it is important to ensure that the convertible debenture agreement complies with all applicable laws and regulations. This may include securities laws and regulations governing the issuance of bonds.
Overall, a well-drafted convertible debenture agreement is essential for any company considering this funding option. By clearly outlining the terms and conditions of the debenture, investors can make informed decisions and the company can raise the funds it needs to grow and thrive.