Skip to content
HAMPSTEAD · EB-5 FIELD GUIDE

Which contract documents show how and when I could exit?

Sources checked:

THE DIRECT ANSWER

The subscription agreement, the partnership or operating agreement, any escrow agreement, and the promissory or loan documents between the enterprise and the job-creating entity. Repayment language usually sits in those instruments, with conditions attached. Preserve brochures, emails and notes of oral assurances too: their legal effect requires review, and they may help explain a discrepancy with the formal agreements. Ask for the exhibit list of the offering as well, since it names the documents that exist and lets you notice which of them you were never sent.

Reading escrow and repayment clauses closely

Escrow conditions deserve a line-by-line read: what triggers release, what triggers return, who holds discretion, and what happens if a filing is denied or withdrawn. Then trace the repayment clause — is it a fixed date, a maturity, a redemption request subject to available cash, or a right the manager may defer? Contractual refund rights may genuinely exist; they are also frequently narrower than the sentence that sold them.

Read the order of distributions before the repayment clause. A provision paying a lender, then a manager's accrued fees, then preferred holders, and only afterwards the investors, tells you more about the marketed date than the sentence promising it. Ask whether a redemption or withdrawal request form exists, and read the conditions printed on it.

Documents produced for administration tend to be blunter than documents produced for selling.