Review the offering, subscription and operating agreements, together with relevant loan, redemption, guarantee and amendment documents. The investor’s rights may differ from the enterprise’s rights against a project borrower.
Follow the repayment chain
Diagram who receives a borrower payment and what must happen before money can reach the investor. Identify extension powers, fees, priorities and consent requirements. Keep the full contract rather than a summary of its target term.
Immigration counsel should separately review how any proposed payment interacts with the case; a contractual entitlement does not by itself settle EB-5 compliance. A document set that answers immigration questions may be silent on commercial ones, and the silence is easy to miss. Source-of-funds evidence establishes lawfulness, not value.
A job-creation report establishes employment for the petition, not that the business can pay anyone next year. The offering material describes the deal as marketed, while the operating agreement, which controls, may read differently. Hypothetical example: An investor in a farm-machinery dealership expansion relies on a summary term sheet describing a fixed exit, while the executed operating agreement lets the manager extend the term without investor consent, so the summary was never the instrument that governs.
Request executed versions with all amendments and exhibits, and have an independent adviser rather than the promoter explain what any consent, priority or fee provision means for you.