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Film Financing Agreement
"I need a Film Financing Agreement under Irish law for a €5 million feature film production scheduled to commence in March 2025, with specific provisions for Section 481 tax relief and international co-production arrangements with a French studio."
1. Parties: Identification of all parties to the agreement including financier(s), production company, and any guarantors
2. Background: Context of the agreement, brief description of the film project, and the purpose of the financing arrangement
3. Definitions: Detailed definitions of terms used throughout the agreement, including financial, production, and technical terms
4. Amount and Purpose of Financing: Specification of the financing amount, payment schedule, and permitted uses of funds
5. Conditions Precedent: Conditions that must be satisfied before the financing becomes available
6. Representations and Warranties: Statements of fact from the production company regarding its status, rights to the project, and ability to perform
7. Production Covenants: Obligations regarding the production process, timeline, and quality standards
8. Financial Covenants: Ongoing financial obligations, including maintenance of accounts and financial reporting
9. Repayment Terms: Structure and schedule of repayment, including priority of payments from film revenues
10. Security and Collateral: Details of security interests granted to the financier
11. Rights and Licenses: Allocation of rights in the film and related materials
12. Events of Default: Circumstances constituting default and corresponding remedies
13. Termination: Conditions and process for early termination
14. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Tax Credit Provisions: Specific provisions regarding Section 481 film tax relief, used when the financing structure relies on tax incentives
2. Completion Guarantee: Terms relating to a completion guarantor, included when a completion bond is part of the financing structure
3. Co-Production Provisions: Additional terms for international co-productions, used when multiple production companies are involved
4. Distribution Arrangements: Pre-sale or distribution terms, included when distribution agreements are part of the financing structure
5. Laboratory Pledgeholder Agreement Provisions: Terms regarding film materials access and control, used when physical or digital assets require special handling
6. Collection Account Management: Terms for third-party collection account management, included when multiple revenue participants are involved
7. Equity Participation: Terms for profit participation, included when the financing includes an equity component
8. Subordination Provisions: Terms governing priority among multiple financiers, used when there are multiple funding sources
1. Schedule 1 - Budget: Detailed production budget breakdown
2. Schedule 2 - Production Schedule: Detailed timeline of pre-production, production, and post-production
3. Schedule 3 - Chain of Title: Documentation of rights ownership and transfers
4. Schedule 4 - Drawing Schedule: Schedule of financing disbursements
5. Schedule 5 - Key Personnel: List of essential creative and production team members
6. Schedule 6 - Distribution Agreements: Copies or summaries of distribution arrangements
7. Schedule 7 - Form of Production Reports: Templates for required production progress reports
8. Schedule 8 - Form of Cost Reports: Templates for budget tracking and cost reporting
9. Schedule 9 - Security Documents: Forms of security agreements and filings
10. Schedule 10 - Insurance Requirements: Detailed insurance specifications and requirements
11. Appendix A - Recoupment Schedule: Detailed waterfall for revenue distribution and repayment
12. Appendix B - Completion Guarantor Terms: Standard terms from the completion guarantor
Authors
Media & Entertainment
Film & Television
Financial Services
Banking
Investment Management
Legal Services
Creative Arts
Tax & Accounting
Insurance
Digital Media
Legal
Finance
Production
Business Affairs
Tax
Compliance
Investment
Rights Management
Accounting
Risk Management
Chief Financial Officer
Production Executive
Entertainment Lawyer
Film Producer
Finance Director
Legal Counsel
Investment Manager
Production Accountant
Tax Director
Compliance Officer
Business Affairs Executive
Film Commissioner
Rights Manager
Collection Account Manager
Production Controller
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