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Litigation Funding Agreement
I need a Litigation Funding Agreement under Danish law for funding a commercial dispute in the renewable energy sector, with a funding commitment of €5 million to be drawn down in stages starting March 2025, including specific provisions for cross-border enforcement in Germany and Sweden.
1. Parties: Identification of the litigation funder and the funded party (claimant)
2. Background: Context of the litigation and purpose of the funding arrangement
3. Definitions: Key terms used throughout the agreement, including 'Claim', 'Proceeds', 'Success Fee', and 'Adverse Costs'
4. Funding Commitment: Details of the funding amount, drawdown conditions, and funding schedule
5. Success Fee and Return Structure: Calculation and payment of the funder's return, including priority of payments from proceeds
6. Conditions Precedent: Conditions that must be satisfied before the funding obligation becomes effective
7. Representations and Warranties: Statements of fact and assurances from both parties
8. Obligations of the Funded Party: Commitments regarding conduct of litigation, information sharing, and cooperation
9. Control and Conduct of Litigation: Decision-making rights and consultation requirements
10. Confidentiality and Data Protection: Obligations regarding confidential information and compliance with GDPR
11. Termination Rights: Circumstances allowing either party to terminate the agreement and consequences
12. Costs and Adverse Costs: Responsibility for legal costs and adverse costs orders
13. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction for disputes
14. General Provisions: Standard clauses including notices, amendments, and entire agreement
1. Portfolio Funding Provisions: Additional terms for funding multiple cases, used when the agreement covers a portfolio of claims
2. Class Action Provisions: Specific provisions for class actions, including class representative obligations and settlement distribution
3. After-the-Event Insurance: Terms relating to ATE insurance if required as part of the funding arrangement
4. Security Arrangements: Provisions for security over claim proceeds, used when additional security is required
5. Third Party Rights: Rights of law firms or other third parties, used when third parties have direct rights under the agreement
6. Cross-Border Provisions: Additional terms for multi-jurisdictional litigation, used when claims involve multiple countries
1. Schedule 1 - Budget and Funding Schedule: Detailed litigation budget and timeline for funding drawdowns
2. Schedule 2 - Success Fee Calculations: Detailed calculations and examples of the success fee in different scenarios
3. Schedule 3 - Claim Summary: Description of the funded claim(s) and key litigation details
4. Schedule 4 - Appointed Legal Representatives: Details of the law firm and key lawyers handling the litigation
5. Schedule 5 - Reporting Requirements: Format and frequency of case updates and financial reporting
6. Schedule 6 - Due Diligence Materials: List of documents and information reviewed by the funder
7. Appendix A - Power of Attorney: If required, form of power of attorney for specific actions
8. Appendix B - Form of Drawdown Notice: Template for requesting funding drawdowns
Authors
Financial Services
Insurance
Legal Services
Manufacturing
Technology
Construction
Energy
Healthcare
Real Estate
Retail
Transportation
Mining
Professional Services
Telecommunications
Legal
Finance
Risk Management
Compliance
Investment
Corporate Affairs
Litigation
Due Diligence
Claims Management
Business Development
Chief Legal Officer
General Counsel
Legal Director
Head of Litigation
Chief Financial Officer
Finance Director
Risk Manager
Compliance Officer
Investment Manager
Legal Counsel
Claims Manager
Litigation Partner
Corporate Lawyer
Investment Director
Portfolio Manager
Due Diligence Officer
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