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Model Right of First Refusal and Co-Sale Agreement

This page previews the Model Right of First Refusal and Co-Sale Agreement and the fields it contains. NVCA provides the official Word document — download it from the source linked on this page, then fill it in.

NVCA model documents are freely downloadable but not redistributable. This field-selector contains only transformation instructions, not the source document.

Cover page fields

FieldDescriptionOptions
Company NameFull legal name of the company (e.g. Acme Corp, Inc.)
Investor NameFull legal name of the lead investor
Key Holder NameFull name of the key holder (founder or executive)
Company CounselName and address of company's legal counsel
Company Signatory NamePrinted name of the Company signatory
Company Signatory TitleTitle of the Company signatory
Company Notice AddressCompany notice address printed on the signature page
Company Notice EmailCompany notice email printed on the signature page
Investor Signatory NamePrinted name of the Investor signatory
Investor Signatory TitleTitle of the Investor signatory
Amended Restated UpperUppercase prefix if amending a prior agreement (e.g. AMENDED AND RESTATED) or empty string
Amended RestatedTitle-case prefix if amending a prior agreement (e.g. Amended and Restated) or empty string
Judicial DistrictFederal judicial district for dispute resolution (e.g. District of Delaware)
State Of IncorporationState of incorporation (proper noun, e.g. Delaware); also names the state courts in the dispute-resolution clause
Business DescriptionBrief description of the company's business
Signature Page MarkerSignature page marker text
Effective DateEffective date of the agreement ("is made as of <date>"). Accepts ISO YYYY-MM-DD (rendered as e.g. "March 15, 2026") or a display-ready date string.
Has Prior AgreementWhether this agreement amends and restates an expressly identified predecessor ROFR and Co-Sale Agreement
  • Prior-agreement supersession clause
Prior Agreement DateDate of the predecessor ROFR and Co-Sale Agreement; used only when has_prior_agreement is true
Has Additional Preferred SeriesWhether Preferred Stock includes another expressly identified preferred-stock series
  • Additional Preferred Stock series
Include Special Mandatory ConversionInclude the Capital Stock exclusion for a Special Mandatory Conversion
  • Special mandatory conversion exclusion
Include Foreign Person ProvisionsInclude DPA, DPA Triggering Rights, Foreign Person, and related transfer restrictions
  • Foreign Person transferee restriction
Sanctions ScopeSanctions jurisdictions included in the definitions
  • Additional sanctions jurisdictions
  • Additional EU and UK sanctions lists
Qualified Key Holder ServiceService relationships that qualify an individual Key Holder
  • Employee_only
  • Employee_or_consultant
Include Qualified Direct ListingInclude Qualified Direct Listing definitions and termination treatment
  • Qualified Direct Listing definition
  • Qualified Direct Listing termination
Include Dle Termination ConditionCondition Deemed Liquidation Event termination on cash, public securities, or comparable rights
  • Conditional liquidation-event termination
Dispute ResolutionSelected dispute-resolution alternative
  • Delaware court jurisdiction
Costs RuleSelected dispute-cost allocation
  • Each party bears its own costs
  • Prevailing party recovers costs
Include Proportional Waiver ProtectionPreserve proportional participation when a waiving Investor participates in the transaction
  • Proportional waiver protection
Preexisting ROFR PriorityRule governing a conflict with another preexisting right of first refusal
  • Agreement controls conflicting ROFR
  • Bylaws control conflicting ROFR
Include Undersubscription ForfeitureInclude the all-or-none resale rule when ROFR rights are undersubscribed
  • All-or-none undersubscription forfeiture
Include Secondary Purchases In Cosale DenominatorCount Secondary Refusal purchases in the co-sale fraction and reduce selling shares accordingly
  • Include investor secondary purchases
  • Include all secondary purchases
  • Reduce selling shares proportionally
Include Entity Transfer RestrictionApply the transfer restrictions mutatis mutandis to entity-level transfers
  • Entity transfer restriction
Include Pledge Exempt TransferInclude the secured-pledge exempt-transfer exception
  • Secured pledge exception
  • Ten-percent sale exception
Include Ten Percent Sale Exempt TransferInclude the ten-percent sale exempt-transfer exception
Include Full Same Fashion Amendment SafeguardInclude the same-fashion amendment and Key Holder consent carveouts
  • Same-fashion amendment safeguard
Include Investor Status MinimumRetain the minimum-share condition for Investor status
  • Investor minimum-share threshold
Include Key Holder Consent MinimumRetain the minimum-ownership condition for Key Holder amendment consent
  • Key Holder consent ownership floor
Additional Series DesignationAdditional preferred-stock series designation; used only when has_additional_preferred_series is true
Specify PercentageSpecified percentage threshold for key holder transfers, as a number only (for example, 60)
ROFR Response DaysNumber of days for the company and investors to respond to a ROFR notice (default 45)
Key Holders LabelLabel for the key holders group (e.g. Key Holders or Founders)
Series DesignationSeries designation for preferred stock (e.g., A, B, C), matching the charter and stock purchase agreement
Par ValuePar value per share of common and preferred stock (number only, e.g. 0.0001 — the document supplies the dollar sign)
Competitor Exclusion ModeWhether to identify a person whose group is expressly excluded from the Competitor definition
  • None
  • Named
Excluded Competitor NameName expressly excluded from the Competitor definition when competitor_exclusion_mode is named
Investor Minimum SharesMinimum shares an Investor and its affiliates must collectively hold to retain Investor status under the agreement
Permitted Transfer PercentagePercentage of Transfer Stock that a Key Holder may sell under the optional permitted-transfer exception, as a number only
Key Holder Consent Threshold PercentageCapital Stock ownership percentage below which Key Holder consent is not required, as a number only
Permitted Transferee Minimum SharesMinimum shares an assignee or transferee must hold after transfer to receive assignment rights, including digit grouping
InvestorsInvestor notice and signature schedule rows
Key HoldersKey Holder personal notice and signature schedule rows

This template is a drafter's starting point. It does not constitute legal advice. Workflow support only. Not legal advice.