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Venture Capital And Private Equity

Right of First Refusal and Co Sale Agreement

Drafting Right of First Refusal and Co-Sale Agreements manually requires hours of research across NVCA model documents, careful coordination of complex transfer mechanics, and meticulous attention to definitions and cross-references. Corporate attorneys spend 4-6 hours per agreement ensuring compliance with venture capital standards while customizing terms for specific shareholder structures.

Automation ROI

Time savings at a glance

Manual workflow4.5 hoursAverage time your team spends by hand
With CaseMark12 minutesDelivery time with CaseMark automation
EfficiencySave 22.5x time with CaseMark

The Problem

Drafting Right of First Refusal and Co-Sale Agreements manually requires hours of research across NVCA model documents, careful coordination of complex transfer mechanics, and meticulous attention to definitions and cross-references. Corporate attorneys spend 4-6 hours per agreement ensuring compliance with venture capital standards while customizing terms for specific shareholder structures.

The CaseMark Solution

CaseMark automates the entire drafting process by intelligently extracting company and shareholder details from your documents, applying NVCA-standard provisions, and generating comprehensive ROFR and Co-Sale Agreements in minutes. The platform searches authoritative legal resources, verifies standard language against best practices, and produces investor-ready documents with proper definitions, notice requirements, and transfer restrictions.

Key benefits

How CaseMark automations transform your workflow

Generate complete ROFR and Co-Sale Agreements in 12 minutes vs. 4+ hours manually

Automatically incorporate NVCA model document standards and venture capital best practices

Extract shareholder details and company information from uploaded cap tables and organizational documents

Ensure consistent definitions, proper cross-references, and compliant transfer restriction mechanisms

Access web-verified clauses from authoritative sources like NVCA, Delaware corporate law, and legal templates

What you'll receive

Preamble
Definitions
Right of First Refusal
Co-Sale Rights
Transfer Restrictions
Representations and Warranties
Miscellaneous Provisions

Document requirements

Required

  • Company Information
  • Shareholder Details

Optional

  • Previous Shareholder Agreements
  • Investment Term Sheet
  • Transfer Restriction Policies

Perfect for

Venture Capital Attorney
Corporate Counsel
Startup Attorney
Private Equity Lawyer
Corporate Paralegal
In-House Legal Team

Also useful for

This workflow is applicable across multiple practice areas and use cases

ROFR and co-sale agreements are critical in M&A transactions to control shareholder transfers and protect existing investors during acquisition negotiations and sale processes.

M&A attorneys regularly draft and negotiate these agreements as part of transaction documentation, particularly in private company acquisitions where existing shareholders need transfer restrictions and tag-along rights.

ROFR and co-sale provisions are fundamental corporate governance mechanisms that regulate shareholder transfers and maintain ownership control in private companies.

Corporate governance attorneys implement these agreements to establish shareholder rights frameworks and transfer restrictions that are essential to maintaining proper ownership structure and investor protections.

These agreements are commonly implemented during initial company formation and early-stage capitalization to establish foundational transfer restrictions and shareholder rights.

Formation attorneys often include ROFR and co-sale agreements as part of the initial corporate documentation package, particularly for startups anticipating future investment rounds.

ROFR and co-sale agreements serve as transfer restriction mechanisms that help ensure compliance with securities law exemptions and maintain control over who holds company securities.

Securities attorneys use these agreements to maintain compliance with private placement exemptions and regulate secondary transfers of restricted securities in accordance with federal and state securities laws.

Frequently asked questions

Q

How does CaseMark ensure ROFR agreements comply with NVCA standards?

A

CaseMark searches and incorporates provisions from NVCA model documents and authoritative venture capital resources during the drafting process. The platform verifies standard language against best practices from bar associations and legal template providers, ensuring your agreement aligns with industry-standard terms and structures.

Q

Can I customize the transfer restrictions and permitted transfers?

A

Yes, CaseMark generates a comprehensive framework based on your uploaded documents and standard provisions, which you can then customize. The platform identifies entity-specific details from your cap table and shareholder documents, creating tailored restrictions while maintaining proper legal structure and cross-references.

Q

What information do I need to provide to generate the agreement?

A

You'll need company organizational documents and shareholder information such as a cap table or shareholder list. Optional documents like previous shareholder agreements or investment term sheets help CaseMark create more tailored provisions, but the platform can generate a complete agreement with just basic company and shareholder details.

Q

How long does it take to create a Right of First Refusal agreement?

A

CaseMark generates a complete ROFR and Co-Sale Agreement in approximately 12 minutes, compared to 4-6 hours of manual drafting. The platform handles research, clause selection, definition coordination, and document assembly automatically while you focus on strategic legal decisions.

Q

Does the agreement include both ROFR and tag-along rights?

A

Yes, CaseMark drafts comprehensive agreements covering both Right of First Refusal mechanisms and Co-Sale (tag-along) rights. The platform ensures proper coordination between these provisions, including notice requirements, matching rights, exercise periods, and pro-rata participation calculations for non-selling holders.

Q

What governing law and boilerplate provisions are included?

A

CaseMark includes standard miscellaneous provisions covering governing law, notice procedures, amendment requirements, severability, and termination conditions. The platform verifies boilerplate language against authoritative sources and can adapt provisions based on your jurisdiction and specific requirements.

Q

Can CaseMark handle complex shareholder structures with multiple investor classes?

A

Yes, CaseMark extracts and processes shareholder details from your uploaded documents, accommodating multiple investor classes, founder shares, and major holder designations. The platform automatically structures definitions and rights provisions to reflect your specific cap table complexity while maintaining clear, enforceable language.