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1. Parties: Identification of the Litigation Funder and the Funded Party
2. Background: Context of the underlying litigation and purpose of the funding arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Scope of Funding: Details of what costs and expenses will be covered by the funding
5. Funding Amount and Drawdown: Specification of the total funding commitment and process for accessing funds
6. Returns and Distribution of Proceeds: Structure of the funder's return and waterfall of payments from litigation proceeds
7. Conditions Precedent: Conditions that must be satisfied before funding obligations commence
8. Representations and Warranties: Statements of fact and assurances from both parties
9. Obligations of the Funded Party: Ongoing duties including information provision and cooperation
10. Control and Conduct of Litigation: Decision-making rights and consultation requirements
11. Confidentiality and Privilege: Protection of sensitive information and legal privilege
12. Termination: Circumstances allowing termination and consequences
13. Dispute Resolution: Process for resolving disputes between the parties
14. General Provisions: Standard contractual provisions including governing law, notices, and amendments
1. Security Arrangements: Include when the funder requires security over the claim or other assets
2. After-the-Event Insurance: Include when ATE insurance is required as part of the funding arrangement
3. Multiple Party Provisions: Include when there are multiple claimants or defendants being funded
4. Cross-Border Provisions: Include when the litigation involves multiple jurisdictions
5. Assignment and Subrogation: Include when rights to the claim may be transferred
6. Third Party Rights: Include when certain provisions are intended to benefit third parties
7. Anti-Money Laundering Compliance: Include when enhanced AML provisions are required
1. Schedule 1 - Funding Budget: Detailed breakdown of anticipated costs and funding allocation
2. Schedule 2 - Litigation Plan: Timeline and key stages of the litigation
3. Schedule 3 - Return Calculations: Detailed methodology for calculating the funder's return
4. Schedule 4 - Drawdown Conditions: Specific requirements and procedures for accessing funding
5. Schedule 5 - Reporting Requirements: Format and frequency of progress reports
6. Schedule 6 - Key Personnel: List of key individuals involved in the litigation
7. Appendix A - Form of Drawdown Notice: Template for requesting funding disbursements
8. Appendix B - Form of Progress Report: Template for regular litigation status updates
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