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1. Parties: Identification of the funder, funded party, and any other relevant parties to the agreement
2. Background: Context of the litigation and purpose of the funding arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement, including 'Claim', 'Proceeds', 'Success Fee', etc.
4. Funding Commitment: Details of the funding to be provided, including amount, drawdown conditions, and any caps
5. Return on Investment: Calculation and payment of the funder's return, including success fees and priority of payments
6. Conditions Precedent: Conditions that must be satisfied before the funding obligation becomes effective
7. Representations and Warranties: Standard and specific warranties from both parties regarding the claim and funding arrangement
8. Conduct of Proceedings: Rights and obligations regarding the management of the litigation, including settlement decisions
9. Confidentiality and Privilege: Provisions protecting confidential information and legal professional privilege
10. Termination: Circumstances allowing termination and consequences thereof
11. Adverse Costs: Responsibility for adverse costs orders and any security for costs
12. Conflicts of Interest: Provisions addressing potential conflicts between the funder, lawyers, and funded party
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Multiple Claimants: Required when funding multiple claimants, addressing allocation of proceeds and decision-making
2. Cross-Border Provisions: Needed for claims involving multiple jurisdictions or enforcement abroad
3. After-the-Event Insurance: Provisions regarding ATE insurance if required for the claim
4. Public Relations: Controls over public statements about the litigation when media attention is likely
5. Collective Investment Scheme Compliance: Required when the funding structure might constitute a collective investment scheme
6. Alternative Dispute Resolution: Specific provisions for mediation or other ADR processes if contemplated
7. Currency and Exchange Rates: Required when funding or proceeds involve multiple currencies
1. Schedule 1 - The Claim: Detailed description of the funded claim including key documents and timeline
2. Schedule 2 - Funding Schedule: Detailed breakdown of funding tranches and drawdown conditions
3. Schedule 3 - Budget: Approved litigation budget including counsel fees and other costs
4. Schedule 4 - Return Calculations: Detailed methodology for calculating the funder's return in different scenarios
5. Schedule 5 - Lawyers' Terms of Engagement: Key terms of the retained lawyers' engagement
6. Schedule 6 - Reporting Requirements: Format and frequency of progress reports to the funder
7. Appendix A - Key Documents: List or copies of key documents supporting the claim
8. Appendix B - Power of Attorney: If required for the funder to take certain actions
9. Appendix C - Communication Protocol: Procedures for communications between parties, lawyers, and funder
Financial Services
Insurance
Banking
Construction
Manufacturing
Technology
Mining and Resources
Real Estate
Healthcare
Retail
Professional Services
Transportation and Logistics
Energy
Telecommunications
Legal
Finance
Risk Management
Compliance
Investment
Operations
Claims
Corporate Development
Restructuring
Commercial
General Counsel
Legal Director
Chief Legal Officer
Litigation Counsel
Chief Financial Officer
Risk Manager
Compliance Officer
Investment Manager
Legal Operations Manager
Claims Manager
Restructuring Officer
Insolvency Practitioner
Corporate Counsel
Finance Director
Commercial Director
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