{"id":2694,"date":"2026-08-17T14:40:50","date_gmt":"2026-08-17T12:40:50","guid":{"rendered":"https:\/\/kanzlei-dr-erben.com\/?p=2694"},"modified":"2026-08-18T13:03:04","modified_gmt":"2026-08-18T11:03:04","slug":"investor-agreement-in-german-it-ip-and-ai-companies","status":"publish","type":"post","link":"https:\/\/kanzlei-dr-erben.com\/en\/investor-agreement-in-german-it-ip-and-ai-companies\/","title":{"rendered":"Investor Agreement in German IT, IP and AI Companies"},"content":{"rendered":"\n

Legal Advice for Investors and Technology Companies<\/strong><\/h2>\n\n\n\n

Investing in a German IT, software, intellectual property or AI company is not simply a matter of transferring capital in exchange for shares. For investors and founders, an Investor Agreement in Germany<\/strong> can determine how the company is governed, how important decisions are made, how intellectual property is protected, how future financing rounds are handled and what happens when a shareholder wants to sell or leave the business. These questions become even more important when the company’s value is primarily based on industrial and\/or intellectual property (IP), in particular software, patents, trademarks, algorithms, data, artificial intelligence or other technology assets. A poorly structured investment agreement can create uncertainty precisely when the company begins to grow rapidly or when additional investors enter the business. KANZLEI DR. ERBEN Rechtsanw\u00e4lte<\/strong> advises companies and business partners in Germany in the fields of IT law, IP law, licensing law and business law, including corporate transactions and M&A. The firm’s specialist positioning is particularly relevant for technology businesses because its expertise includes IT contracts, licensing, copyright, corporate law, M&A and technologies such as Artificial Intelligence, Cloud Computing, SaaS, Robotics, Autonomous Intelligence, IoT and Data Centers<\/strong>.<\/p>\n\n\n\n

What Is an Investor Agreement in Germany?<\/strong><\/h2>\n\n\n\n

An Investor Agreement<\/strong> is a contractual framework governing the relationship between an investor, founders, shareholders and, depending on the transaction structure, the company itself. It can regulate the economic and legal conditions under which an investment is made and establish rules for what happens after the investment has been completed. Typical subjects include investment amounts, share ownership, investor rights, information rights, governance, reserved matters, future financing, transfer restrictions, founder obligations and exit mechanisms. For a German technology company, however, the agreement must not be viewed in isolation. It needs to be coordinated with the company’s Articles of Association, Shareholder Resolutions and any pertinent documents required under German corporate law. The GmbHG,f or example, provides, among other things, that a GmbH’s Articles of Association require notarization and must contain specific information such as the company name, registered office, corporate purpose, share capital and the shares assumed by each shareholder.<\/p>\n\n\n\n

Why Investor Agreements Are Particularly Important for IT and AI Companies<\/strong><\/h2>\n\n\n\n

A conventional business may have substantial physical assets, while the value of an IT or AI company can be concentrated in assets that are much harder to see. Software source code, algorithms, patents, trademarks, databases, trade secrets, technical documentation and contractual rights<\/strong> may represent the core of the company’s valuation. An investor therefore needs to know not only how many shares are being acquired, but also whether the company actually controls and rightfully owns the technology that supposedly creates its value. A founder may have developed software before the incorporation, a freelancer may have contributed important code, or the company may depend heavily on third-party software licences. AI companies can introduce additional questions concerning datasets, model development, third-party AI services, copyright and regulatory requirements. This makes a technology-focused legal review particularly important before an investor commits capital.<\/p>\n\n\n\n

Investor Agreement In Germany: What Needs To Be Covered?<\/strong><\/h2>\n\n\n\n

A professionally structured Investor Agreement In Germany<\/strong> needs to reflect the actual commercial relationship between the parties rather than simply reproduce a generic startup template. The precise provisions will depend on the company, investment structure, investor profile and stage of development. In any event, the following areas commonly deserve close attention:<\/p>\n\n\n\n

    \n
  • Investment amount and financing structure;<\/li>\n\n\n\n
  • Valuation and ownership percentage;<\/li>\n\n\n\n
  • Share issuance or transfer;<\/li>\n\n\n\n
  • Investor information rights;<\/li>\n\n\n\n
  • Management and governance;<\/li>\n\n\n\n
  • Reserved matters and approval rights;<\/li>\n\n\n\n
  • Intellectual property ownership;<\/li>\n\n\n\n
  • Software and licence rights;<\/li>\n\n\n\n
  • Founder obligations;<\/li>\n\n\n\n
  • Confidentiality and trade secrets;<\/li>\n\n\n\n
  • Non-Competition Clauses;<\/li>\n\n\n\n
  • Future financing rounds;<\/li>\n\n\n\n
  • Dilution protection;<\/li>\n\n\n\n
  • Share transfer restrictions;<\/li>\n\n\n\n
  • Tag-along and drag-along rights;<\/li>\n\n\n\n
  • Exit arrangements;<\/li>\n\n\n\n
  • Deadlock and dispute resolution;<\/li>\n\n\n\n
  • Representations and warranties, guarantees;<\/li>\n\n\n\n
  • Regulatory and compliance matters.<\/li>\n<\/ul>\n\n\n\n

    For German technology companies, these provisions need to be reviewed together rather than individually. A strong investment agreement needs to create a coherent legal framework for the company’s future development.<\/p>\n\n\n\n

    Investment Agreement and Shareholder Agreement: What Is the Difference?<\/strong><\/h2>\n\n\n\n

    The terms investment agreement<\/strong> and shareholders’ agreement<\/strong> are sometimes used interchangeably, but they can describe different functions within a transaction. An investment agreement may primarily regulate the investment itself, including the investor’s subscription or acquisition of shares and conditions for closing. A shareholders’ agreement may focus more heavily on the relationship between shareholders after the investment, including governance, transfer restrictions, voting arrangements and exit rights. In a German transaction, the parties may require several coordinated documents rather than one document attempting to regulate everything. This is especially important for GmbH transactions because German law contains formal requirements concerning the transfer of GmbH shares. Under \u00a7 15 GmbHG, the transfer of GmbH shares requires a notarised agreement, and the same formal requirement applies to an agreement creating an obligation to transfer such shares.<\/p>\n\n\n\n

    Investment Agreements for German GmbH And AG Technology Companies<\/strong><\/h2>\n\n\n\n

    The GmbH<\/strong> and the AG<\/strong> are common corporate structure for German startups and established technology companies. Investors considering an investment in a German GmbH or AG should therefore understand how the proposed transaction interacts with the company’s existing articles of association and shareholder structure. The investment might involve newly issued shares, the purchase of existing shares, a capital increase, shareholder financing or another investment mechanism. Each structure has different legal and commercial consequences. The transaction documents need to also be checked against the company’s existing shareholder arrangements. If the company already has several shareholders, previous investors or special voting arrangements, a new investment can affect existing rights. Professional legal advice helps ensure that the investment agreement, articles of association, shareholder resolutions and other transaction documents work together.<\/p>\n\n\n\n

    Investor Rights and Reserved Matters<\/strong><\/h2>\n\n\n\n

    An investor may provide significant capital without wanting to become involved in everyday management. At the same time, an investor will often expect protection against decisions that could materially affect the value of the investment. An investor agreement can therefore establish reserved matters<\/strong> for which investor approval is required. Depending on the transaction, these matters may include issuing new shares, taking on significant debt, selling important assets, changing the company’s business model, entering into major related-party transactions, acquiring another company or disposing of important intellectual property. The appropriate level of investor control depends on the investor’s ownership percentage and the commercial agreement. Founders need sufficient freedom to operate the business, while investors need reasonable protection for their capital. Drafting the balance correctly is one of the most important aspects of a technology investment agreement.<\/p>\n\n\n\n

    Intellectual Property Due Diligence Before Investing<\/strong><\/h2>\n\n\n\n

    For an IT or AI company, IP due diligence<\/strong> can be just as important as financial due diligence. Investors should determine who owns the company’s essential software, trademarks, patents and other intellectual property. They should also examine whether employees, freelancers, consultants or development partners have created technology that is essential to the business. Third-party licences and open-source software may also need careful review. The question is not simply whether the company uses a particular technology but whether it has the legal rights necessary to use, modify, distribute and commercialize it. KANZLEI DR. ERBEN ATTORNEYS’<\/strong> specialist practice includes IP\/IT law and licensing law<\/strong>, including copyright, trademark law and licensing matters, which are highly relevant when assessing the legal foundations of a technology company’s value.<\/p>\n\n\n\n

    Software Ownership in an Investor Agreement<\/strong><\/p>\n\n\n\n

    Software ownership should never be treated as an assumption. A technology company may have been founded around software created by one or more founders before incorporation. Other parts may have been developed by employees or external programmers. The investment process provides an opportunity to verify whether the company has the necessary rights to exploit the complete technology stack. Important questions can include who created the source code, what agreements were signed, whether rights were properly transferred or licensed and whether third-party components impose restrictions. IT contract and IP expertise becomes particularly useful where the software is commercially critical. The firm’s published IT\/IP expertise includes advice concerning IT contracts, licensing and software-related rights, providing a natural legal connection between technology ownership and investment transactions.<\/p>\n\n\n\n

    Investor Agreements In AI Companies in Germany<\/strong><\/h2>\n\n\n\n

    An AI company investment agreement in Germany<\/strong> may require additional technology-specific analysis. Artificial intelligence businesses can depend on training data, datasets, software libraries, model architectures, third-party APIs, cloud infrastructure and other components. Investors need to understand, which parts of the technology are proprietary and which depend on third-party rights or services. The company may also face obligations under European AI regulation depending on its products, role and business model. These issues can influence both valuation and investment risk. KANZLEI DR. ERBEN ATTORNEYS<\/strong> specializes in Artificial Intelligence \/ Autonomous Intelligence <\/strong>as technologies within its legal expertise, alongside Cloud Computing, SaaS, Data Centers, Robotics, IoT, autonomous driving and other technology areas.<\/p>\n\n\n\n

    AI Regulation as a Potential Investment Risk<\/strong><\/h2>\n\n\n\n

    For an investor, regulatory compliance can become an important component of due diligence. If an AI company’s product requires substantial compliance measures, documentation, risk management or changes to its technical architecture, those obligations can affect development costs and commercial plans. An investor agreement can therefore contain suitable representations, warranties and ongoing obligations concerning regulatory compliance. The exact provisions should reflect the company’s actual AI activities rather than relying on generic language. This is another reason why AI law, IT law and investment structuring<\/strong> often overlap in practice. A legal advisor who understands only corporate investment documentation may not identify technology-specific risks hidden in the company’s products, contracts or intellectual property.<\/p>\n\n\n\n

    Representations and Warranties in IT and IP Investments<\/strong><\/h2>\n\n\n\n

    Investors frequently request representations and warranties confirming that important information provided during due diligence is accurate. In an IT\/IP investment, these provisions can address corporate ownership, financial information, material contracts, litigation, employment matters, intellectual property, software, data protection, regulatory compliance and third-party claims. IP warranties can be particularly significant because intellectual property may represent a substantial percentage of the company’s value. An investor may want confirmation that the company owns or has sufficient rights to use its critical technology and that no known third party has asserted ownership over it. The appropriate scope of warranties should depend on the company’s size and maturity. A small startup and a mature technology company should not necessarily face identical contractual requirements.<\/p>\n\n\n\n

    Founder Obligations in a German Technology Investment<\/strong><\/h2>\n\n\n\n

    Founders are often central to the success of an IT or AI company. Investors may therefore want founders to remain involved for an agreed period of time and to continue contributing their technical, commercial and\/or managerial expertise. An investor agreement can address founder responsibilities, confidentiality, IP obligations and procedures for dealing with a founder’s departure. Vesting, leaver provisions and share transfer mechanisms<\/strong> may also be considered depending on the transaction. At the same time, these provisions must be carefully coordinated with the applicable German laws and statutes. Overly broad restrictions can create legal and commercial problems, while poorly drafted founder provisions may fail to protect the company when a key founder leaves.<\/p>\n\n\n\n

    Future Financing and Dilution<\/strong><\/h2>\n\n\n\n

    Technology companies frequently require several financing rounds before reaching maturity. The ownership structure agreed today can therefore change substantially in the future. An investor agreement can establish how shareholders participate in subsequent financing rounds and what happens if an existing shareholder does not participate. Depending on the transaction, investors may negotiate pre-emption rights, anti-dilution protection or other participation mechanisms<\/strong>. Founders should understand the long-term effect of these provisions before accepting them. A seemingly minor financing clause can significantly affect ownership after multiple funding rounds. Clear drafting can help avoid disputes when the company later raises capital from venture capital funds, strategic investors or other financing partners.<\/p>\n\n\n\n

    Exit Strategy for Investors and Founders<\/strong><\/h2>\n\n\n\n

    Every investment agreement should consider the possibility of an eventual exit. Investors may seek a sale of their shares, while founders may want to retain flexibility regarding the timing and structure of a future transaction. Tag-along rights and drag-along rights<\/strong> are frequently relevant to shareholder exit structures. Tag-along provisions can protect minority shareholders when a controlling shareholder sells, while drag-along mechanisms can facilitate a sale of the entire company if the required conditions are met. For German GmbHs, the exit documentation must also account for statutory requirements governing share transfers. The GmbHG specifically regulates the transfer of GmbH shares and requires notarisation for such transfers.<\/p>\n\n\n\n

    Investor Agreement and M&A Transactions<\/strong><\/h2>\n\n\n\n

    A successful German technology company may eventually become the target of an acquisition. An investor agreement should therefore not unnecessarily obstruct a future M&A transaction. Instead, shareholder transfer provisions should provide a practical mechanism for handling acquisition offers. This is especially relevant for IT and IP businesses because technology companies are frequently valued based on their intellectual property, software, customer contracts and growth potential. KANZLEI DR. ERBEN specializes in IT corporate law, mergers and acquisitions (M&A), competition and antitrust law and IT procurement law<\/strong> amongst its IT commercial law expertise. This combination can be valuable where an investment relationship later develops into a strategic transaction or a company sale.<\/p>\n\n\n\n

    International Investors Investing in German IT Companies<\/strong><\/h2>\n\n\n\n

    Germany attracts investors from many international markets, and technology companies often operate across several jurisdictions from an early stage. An international investor may be accustomed to US, UK or other legal structures and may expect an investment agreement based on familiar foreign templates. However, a German GmbH transaction needs to account for German corporate law and mandatory formalities. Simply translating a foreign shareholders’ agreement into English or German does not necessarily make it suitable for a German company. The investment documentation needs to be adapted to the actual corporate structure, applicable law and transaction mechanics. KANZLEI DR. ERBEN ATTORNEYS<\/strong> advises clients in international transactions and international IT\/IP law and providesits services in English where required, making its specialist technology-law focus particularly relevant for cross-border business relationships.<\/p>\n\n\n\n

    Why Choose KANZLEI DR. ERBEN for IT, IP and Technology Investments?<\/strong><\/h2>\n\n\n\n

    Choosing legal counsel for an investment into a technology company requires more than general corporate experience. The legal advisor should understand the technology assets that create the company’s value. KANZLEI DR. ERBEN ATTORNEYS<\/strong> is positioned as an IT\/IP law boutique rather than a general one-stop law firm. According to its well renowned expertise, the firm has advised clients nationwide as well as internationally, since 1997, on IT\/IP law involving the procurement and distribution of IT and software services, and continuously works on IT contracts, cloud computing, IT project agreements, reseller agreements and license agreements. Its specialist fields also include IP and licensing law and business law, including corporate law and M&A.<\/p>\n\n\n\n

    For investors and founders, this specialist approach can be particularly relevant where an investment combines several areas of law. An investor agreement for an AI startup may involve corporate governance, IP ownership, software licensing, data protection, technology contracts, regulatory compliance and future M&A considerations. Treating these questions separately can create gaps between the documents. A technology-focused legal practice can instead assess how the different legal elements affect the commercial value of the investment.<\/p>\n\n\n\n

    IT\/IP Legal Expertise for Technology Companies in Germany<\/strong><\/h2>\n\n\n\n

    KANZLEI DR. ERBEN’s technology focus covers a broad range of sectors and technologies. Its industry expertise includes information technology, automotive, aviation and transport, electronics and chips, data centers, automation technology, financial services, healthcare, media, medical technology, robotics, autonomous intelligence and telecommunications<\/strong>. Its technology expertise includes Cloud Computing, SaaS, embedded systems, ERP, Artificial Intelligence, autonomous driving, IoT, Industry 4.0, Smart Cities, SAP solutions, VR\/AR and gaming<\/strong>, among others.<\/p>\n\n\n\n

    This matters when structuring an investment because the legal risks can differ significantly between technology businesses. An AI startup may have complex data and model-related issues. A SaaS company may depend heavily on cloud and subscription contracts. A semiconductor or hardware company may have patent and supply-chain considerations. A robotics business may combine software, hardware, product liability and IP. The investor agreement should reflect these commercial realities rather than applying a generic startup template.<\/p>\n\n\n\n

    Legal Due Diligence for Investors in German IT Companies and AI Companies<\/strong><\/h2>\n\n\n\n

    Before investing, investors should consider conducting a structured legal due diligence process. The review can examine the company’s corporate structure, ownership, material contracts and agreements, intellectual property, employment arrangements, software rights, licences, litigation and regulatory obligations. For technology companies, the IP and IT sections can be particularly important because deficiencies may directly affect the company’s ability to commercialise its products. The results of due diligence can then be incorporated into the investment agreement through conditions precedent, warranties, indemnities or post-closing obligations where appropriate. This approach creates a direct connection between what the investor discovers before the transaction and the contractual protection obtained at the Closing of the Transaction.<\/p>\n\n\n\n

    Common Problems With Generic Investor Agreements<\/strong><\/h2>\n\n\n\n

    A generic investor agreement downloaded from the internet may appear convenient, particularly for an early-stage company trying to reduce legal costs. The problem is that technology investment transactions are rarely identical. A template may not properly address German GmbH formalities, software ownership, IP licensing, founder-created technology, AI-related risks or the company’s existing shareholder arrangements. It may also contain provisions based on another jurisdiction’s corporate law. The result can be a document that looks comprehensive but fails to protect the parties where protection is actually needed. Professional drafting focuses on the company’s specific technology, investment structure, shareholder relationships and future plans.<\/p>\n\n\n\n

    Investor Agreement Germany: Legal Support From Heidelberg<\/strong><\/h2>\n\n\n\n

    For founders and investors looking for IT\/IP lawyers in Germany<\/strong>, location is only one factor; specialist expertise is equally important. KANZLEI DR. ERBEN ATTORNEYS<\/strong> is based in Heidelberg<\/strong>, between Frankfurt and Stuttgart, and advises clients nationally in its specialist IT\/IP fields. KANZLEI DR. ERBEN ATTORNEYS<\/strong>\u2019 contact information is Neuenheimer Landstr. 36, D-69120 Heidelberg<\/strong>, telephone +49 6221 588020<\/strong> and email contact through the firm’s website.<\/p>\n\n\n\n

    KANZLEI DR. ERBEN\u2019s specialist model is particularly suited to businesses that do not need general legal service covering every conceivable field, but instead require deep expertise in IT law, IP law, licensing law and technology-related business law<\/strong>. For an investment into a German IT, software or AI company, these areas can be closely connected to the underlying value of the business.<\/p>\n\n\n\n

    Contact KANZLEI DR. ERBEN for Investor Agreement Advice in Germany<\/strong><\/h2>\n\n\n\n

    An investment into an IT, IP or AI company can create significant opportunities, but the legal structure needs to support the company’s technology and commercial strategy. KANZLEI DR. ERBEN ATTORNEYS <\/strong>combines specialist expertise in IT law, IP and licensing law with business-law experience including corporate law and M&A.<\/p>\n\n\n\n

    If you are a founder, investor, shareholder, technology company or strategic business partner<\/strong> preparing an investment transaction in Germany, legal advice should ideally begin before the final investment terms are signed. Reviewing the corporate structure, intellectual property, technology contracts and investor rights at an early stage can help identify problems before they become expensive transaction or shareholder disputes.<\/p>\n\n\n\n

    For legal advice regarding Investor Agreements in German IT\/IP Companies and AI Companies<\/strong>, contact KANZLEI DR. ERBEN ATTORNEYS in Heidelberg<\/strong> to discuss your specific transaction and the applicable German legal framework.<\/p>\n\n\n\n

    KANZLEI DR. ERBEN <\/strong>ATTORNEYS<\/strong>
    Neuenheimer Landstr. 36
    D-69120 Heidelberg
    Germany
    Tel.: +49 6221 588020<\/p>\n\n\n\n

    Conclusion<\/strong><\/h2>\n\n\n\n

    An Investor Agreement in Germany for IT, IP and AI companies<\/strong> should do much more than record an investment amount and percentage of shares. It should establish a workable framework for governance, investor protection, future financing, intellectual property, founder responsibilities and potential exits. For technology companies, the legal analysis must also consider the assets that actually create the company’s value, including software, patents, trademarks, licences, data and AI technology. German GmbH law imposes specific formal requirements that need to be considered when structuring share transactions, including notarisation requirements for GmbH share transfers.<\/p>\n\n\n\n

    For this reason, investors and founders can benefit from working with lawyers who understand both corporate investment structures and technology law<\/strong>. KANZLEI DR. ERBEN ATTORNEYS<\/strong>‘ specialist focus on IT\/IP law, licensing, corporate law and M&A, together with its experience across AI, SaaS, cloud, robotics, autonomous intelligence and other technology sectors, makes it a strong legal resource for German technology transactions.<\/p>\n\n\n\n

    If your business or investment involves a German IT company, software company, IP-driven business, AI startup or technology transaction<\/strong>, the investment agreement should be reviewed as part of the broader legal structure\u2014not as an isolated contract.<\/p>\n\n\n\n

    Frequently Asked Questions<\/strong><\/h2>\n\n\n\n

    1. What is an Investor Agreement in Germany?<\/strong><\/h3>\n\n\n\n

    An Investor Agreement establishes the contractual framework for an investment and can regulate investment terms, governance, shareholder rights, information rights, future financing and exit arrangements. For German companies, the agreement should be coordinated with the company’s articles of association and applicable corporate-law requirements.<\/p>\n\n\n\n

    2. Can an Investor Agreement cover intellectual property rights?<\/strong><\/h3>\n\n\n\n

    Yes. An investment agreement can contain representations, warranties and obligations concerning intellectual property ownership and licensing. For IT and AI companies, these provisions can be particularly important because software, patents, trademarks and other IP may represent a substantial part of the company’s value.<\/p>\n\n\n\n

    3. Does a German GmbH share transfer require notarisation?<\/strong><\/h3>\n\n\n\n

    Yes. German law generally requires a notarised agreement for the transfer of GmbH shares. Section 15 GmbHG also extends the formal requirement to agreements creating an obligation to transfer a GmbH share.<\/p>\n\n\n\n

    4. Why should investors conduct IT and IP due diligence?<\/strong><\/h3>\n\n\n\n

    IT\/IP due diligence helps investors determine whether the company actually owns or controls the technology and intellectual property underlying its business. It can identify issues involving software developers, licences, patents, trademarks, third-party technology, open-source components and contractual rights before the investment is completed.<\/p>\n\n\n\n

    5. Does KANZLEI DR. ERBEN advise technology companies and AI businesses?<\/strong><\/h3>\n\n\n\n

    Yes. Our firm’s expertise specifically includes IT law, IP and licensing law, corporate law and M&A, while our technology focus includes Artificial Intelligence \/ AI, Cloud Computing, SaaS, Autonomous Intelligence, Data Centers, Robotics, IoT and other technology fields<\/strong>. KANZLEI DR. ERBEN ATTORNEYS <\/strong>advises its clients nationwide and internationally, ans is prepared to provide all its services and all documents in English.<\/p>\n\n\n\n

    <\/p>\n","protected":false},"excerpt":{"rendered":"

    Legal Advice for Investors and Technology Companies Investing in a German IT, software, intellectual property or AI company is not simply a matter of transferring capital in exchange for shares. For investors and founders, an Investor Agreement in Germany can determine how the company is governed, how important decisions are made, how intellectual property is…<\/p>\n","protected":false},"author":3,"featured_media":2696,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_members_access_role":[],"_members_access_error":""},"categories":[140,52],"tags":[141,142],"class_list":["post-2694","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-investor-agreement-in-german-it-ip-and-ai-companies","category-news","tag-investor-agreement-in-german-it","tag-ip-and-ai-companies","category-140","category-52","description-off"],"yoast_head":"\nInvestor Agreement Germany | IT, IP & AI Company Lawyers<\/title>\n<meta name=\"description\" content=\"Legal advice on investor agreements for German IT, IP and AI companies. 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