The Funding Agreement serves as a crucial legal instrument in Indonesian business transactions, providing a structured framework for financial arrangements between funding providers and recipients. This document is essential when parties seek to establish clear terms for financial transactions, whether for project financing, business expansion, or general corporate purposes. It must comply with Indonesian financial regulations, including requirements from OJK (Financial Services Authority) and Bank Indonesia, particularly regarding foreign investment, currency controls, and financial sector regulations. The agreement typically includes detailed provisions on funding amounts, disbursement conditions, repayment terms, security arrangements, and regulatory compliance requirements. Used in various contexts from simple bilateral loans to complex multi-party financing arrangements, the Funding Agreement needs to address both commercial requirements and regulatory compliance while providing adequate protection for all parties involved.
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1. Parties: Identification of the funding provider and recipient, including their complete legal names, registration numbers, and addresses
2. Background: Context of the funding arrangement, relationship between parties, and purpose of the funding
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the agreement
4. Amount and Purpose of Funding: Specification of the funding amount, currency, and permitted uses of funds
5. Disbursement Terms: Conditions precedent, disbursement schedule, and process for requesting/receiving funds
6. Repayment Terms: Payment schedule, interest rates (if applicable), payment methods, and currency provisions
7. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity and authority
8. Covenants: Ongoing obligations of the parties, including financial covenants and reporting requirements
9. Events of Default: Circumstances constituting default and consequences thereof
10. Remedies: Rights and remedies available to parties in case of default or breach
11. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction for disputes
12. Notices: Process and requirements for formal communications between parties
13. General Provisions: Standard boilerplate provisions including amendments, assignment, and severability
1. Security Arrangements: Required when the funding is secured by collateral or guarantees
2. Conversion Rights: Needed for convertible funding instruments where debt may convert to equity
3. Regulatory Compliance: Specific section for heavily regulated sectors or when special permits are required
4. Tax Provisions: Detailed tax arrangements when complex tax implications exist
5. Foreign Exchange Provisions: Required when funding involves multiple currencies or foreign exchange considerations
6. Subordination: Necessary when the funding needs to be subordinated to other debt
7. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required
8. Monitoring Rights: Specific rights for monitoring use of funds, typically in development or project funding
1. Disbursement Schedule: Detailed timeline and conditions for fund disbursement
2. Repayment Schedule: Detailed payment dates, amounts, and calculation methods
3. Form of Disbursement Request: Template for requesting disbursements under the agreement
4. Security Documents: List and copies of security documents if funding is secured
5. Required Documents: List of documents required for conditions precedent
6. Compliance Certificates: Templates for periodic compliance certifications
7. Project Details: Detailed description of funded project (if project-specific funding)
8. Reporting Requirements: Templates and specifications for required financial and operational reports
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Infrastructure Development
Real Estate
Technology and Start-ups
Manufacturing
Agriculture and Plantation
Mining and Natural Resources
Renewable Energy
Education
Healthcare
Retail and Consumer
Transportation and Logistics
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretarial
Business Development
Credit
Investment
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Corporate Secretary
Treasury Manager
Investment Manager
Risk Manager
Financial Controller
Business Development Director
Managing Director
Chief Executive Officer
Account Manager
Project Finance Manager
Credit Risk Officer
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