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1. Parties: Identification of the Funder and the Funded Party, including full legal names and addresses
2. Background: Context of the underlying litigation and purpose of the funding arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Funding Commitment: Details of the funding amount, drawdown conditions, and funding limits
5. Investment Return: Structure of the return to be paid to the funder, including calculation methods and priorities
6. Conditions Precedent: Conditions that must be satisfied before the funding obligation becomes effective
7. Representations and Warranties: Key statements of fact and assurances from both parties
8. Conduct of Proceedings: Rights and obligations regarding the management of the litigation
9. Settlement and Award: Process for settlement decisions and distribution of proceeds
10. Termination: Circumstances under which the agreement can be terminated and consequences
11. Confidentiality: Obligations regarding confidential information and public communications
12. Conflicts of Interest: Management of potential conflicts between parties
13. Dispute Resolution: Process for resolving disputes under the funding agreement
14. General Provisions: Standard contractual provisions including governing law, notices, and amendments
1. Multiple Party Provisions: Required when there are multiple funded parties or class actions
2. Security Arrangements: Used when specific security is required for the funding arrangement
3. Insurance Provisions: Required when adverse costs insurance is part of the arrangement
4. Cross-Border Provisions: Needed for litigation involving multiple jurisdictions
5. Project Management: Used for complex litigation requiring specific project management procedures
6. Third Party Rights: Required when rights are extended to third parties such as lawyers or experts
7. Regulatory Compliance: Added when specific regulatory requirements need to be addressed
8. Assignment and Syndication: Used when the funder may want to assign or syndicate their interest
1. Schedule 1: Budget and Funding Commitment: Detailed budget breakdown and funding commitment structure
2. Schedule 2: Investment Return Calculations: Detailed methodology for calculating the investment return
3. Schedule 3: Approved Legal Team: List of approved lawyers and experts
4. Schedule 4: Case Theory and Litigation Plan: Overview of the case strategy and litigation milestones
5. Schedule 5: Drawdown Procedures: Detailed procedures for accessing the funding
6. Schedule 6: Reporting Requirements: Specific reporting obligations and templates
7. Appendix A: Form of Drawdown Notice: Template for requesting funding drawdowns
8. Appendix B: Form of Progress Report: Template for regular progress reports
9. Appendix C: Conflicts Check Procedures: Detailed procedures for identifying and managing conflicts
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