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1. Parties: Identification of the contracting parties including the production company, financier(s), and any guarantors
2. Background: Context of the agreement, brief description of the film project, and purpose of the financing
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and interpretation rules
4. Amount and Purpose of Financing: Details of the financing amount, type (equity/debt/hybrid), and specific purpose
5. Conditions Precedent: Prerequisites that must be met before financing becomes available
6. Disbursement Terms: Schedule and conditions for release of funds, typically linked to production milestones
7. Repayment Terms: Structure and timing of repayment, including interest rates if applicable
8. Security and Collateral: Details of security arrangements, including completion bonds and guarantees
9. Production Requirements: Key requirements regarding the production process, budget adherence, and quality standards
10. Rights and Ownership: Intellectual property rights, ownership structure, and exploitation rights
11. Representations and Warranties: Standard and film-specific warranties from the production company
12. Covenants: Ongoing obligations of the parties during production and exploitation
13. Events of Default: Circumstances constituting default and corresponding remedies
14. Reporting Requirements: Financial and production reporting obligations
15. Term and Termination: Duration of the agreement and termination provisions
16. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Co-Production Arrangements: Required when the film is a co-production with international partners
2. Tax Incentive Requirements: Include when utilizing South African film tax incentives
3. Distribution Arrangements: Required when the financier has rights or requirements regarding distribution
4. Completion Bond: Include when a completion bond is required by the financier
5. Currency and Exchange Rate Provisions: Required for international financing arrangements
6. Insurance Requirements: Detailed insurance requirements beyond standard coverage
7. Key Personnel Provisions: Required when financing is contingent on specific personnel
8. Laboratory Pledgeholder Agreement Provisions: Include when using a laboratory pledgeholder arrangement
9. Collection Account Management: Required when using a collection account manager
10. Subordination Provisions: Include when there are multiple financiers requiring subordination arrangements
1. Film Specifications: Detailed description of the film project, including synopsis and key creative elements
2. Budget: Detailed production budget and cashflow schedule
3. Production Schedule: Key dates and milestones for production
4. Disbursement Schedule: Detailed schedule of funding drawdowns and conditions
5. Form of Security Documents: Ƶ for security documents and guarantees
6. Required Insurance: List of required insurance policies and coverage amounts
7. Key Personnel: List of key personnel and any replacement requirements
8. Form of Reports: Ƶ for required financial and production reports
9. Chain of Title Documents: List of required chain of title documentation
10. Completion Bond Requirements: Specific requirements and terms for completion bond
11. Distribution Rights: Breakdown of distribution rights and territories
12. Tax Incentive Documentation: Required forms and certificates for tax incentives
Entertainment & Media
Film & Television
Financial Services
Banking
Investment
Legal Services
Creative Industries
Media Production
Arts & Culture
Legal
Finance
Production
Business Affairs
Compliance
Risk Management
Investment
Media Rights
Corporate Development
Executive Leadership
Chief Financial Officer
Legal Counsel
Entertainment Lawyer
Film Producer
Executive Producer
Production Accountant
Investment Manager
Film Finance Director
Business Affairs Director
Compliance Officer
Contract Manager
Risk Manager
Production Executive
Fund Manager
Media Rights Manager
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