What is the gambling agreement?

Legal analysis: "Gambling agreement", also known as valuation adjustment agreement, refers to an agreement designed by investors and financiers to adjust the valuation of the future target company in order to solve the problems of uncertainty, information asymmetry and agency cost of the future development of the target company when they reach an equity financing agreement, including equity repurchase and monetary compensation.

Legal basis: The "gambling agreement" in Article 2 of the Minutes of the National Civil and Commercial Judicial Work Conference, also known as the valuation adjustment agreement, refers to the agreement designed by investors and financiers to adjust the valuation of the future target company when they reach an equity financing agreement, in order to solve the uncertainty, information asymmetry and agency cost of both parties, including equity repurchase and monetary compensation. From the perspective of the subjects who conclude the gambling agreement, there are gambling between investors and shareholders or actual controllers of the target company, gambling between investors and the target company, gambling between investors and shareholders of the target company and the target company, etc. The people's court should apply the relevant provisions of both the contract law and the company law when trying the dispute case of "gambling agreement"; We should not only adhere to the principle of encouraging investors to invest in entity enterprises, especially scientific and technological innovative enterprises, to alleviate the financing difficulties of enterprises to a certain extent, but also implement the principle of capital preservation and the principle of protecting the legitimate rights and interests of creditors, so as to balance the interests of investors, corporate creditors and companies according to law. The "gambling agreement" concluded between the investor and the shareholder or actual controller of the target company is valid without other invalid reasons and supports the actual performance, which is not controversial in practice.