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1. Parties: Identification of the Funder, the Funded Party, and any other relevant parties to the agreement
2. Background: Context of the litigation, purpose of the funding arrangement, and basic premises of the agreement
3. Definitions: Definitions of 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 payment mechanics
5. Conditions Precedent: Conditions that must be satisfied before the funding obligation becomes effective
6. Representations and Warranties: Statements of fact and assurances from the Funded Party about the claim and their circumstances
7. Conduct of Proceedings: Rights and obligations regarding the management of the litigation, including settlement authority
8. Distribution of Proceeds: Waterfall provisions detailing how litigation proceeds will be distributed between parties
9. Confidentiality: Obligations regarding confidentiality of the agreement and information shared
10. Termination: Circumstances under which the agreement can be terminated and the consequences
11. Costs and Adverse Costs: Allocation of litigation costs and responsibility for adverse costs orders
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. After the Event Insurance: Required when ATE insurance is part of the funding arrangement, detailing insurance requirements and obligations
2. Portfolio Funding Terms: Used when the funding is provided for multiple cases rather than a single litigation
3. Security Arrangements: Needed when the funder requires security over the claim or other assets
4. Cross-Border Provisions: Required when the litigation involves multiple jurisdictions
5. Class Action Provisions: Necessary for class action or group litigation funding
6. Expert Determination: Optional dispute resolution mechanism for specific technical or financial matters
7. Priority Rights: Required when there are multiple funders or competing priorities to be established
1. Schedule 1 - The Claim: Detailed description of the funded litigation claim
2. Schedule 2 - Funding Amount and Drawdown Schedule: Detailed breakdown of the funding commitment and payment schedule
3. Schedule 3 - Success Fee Calculation: Formula and examples for calculating the funder's return
4. Schedule 4 - Approved Budget: Agreed litigation budget including counsel fees and other costs
5. Schedule 5 - Lawyers' Terms of Engagement: Terms agreed with the lawyers conducting the litigation
6. Schedule 6 - Settlement Parameters: Pre-agreed parameters for acceptable settlement terms
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
9. Appendix C - Progress Report Template: Standard format for regular litigation progress reports
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