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Film Financing Agreement Template for Ireland

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Key Requirements PROMPT example:

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."

Document background
The Film Financing Agreement is essential for any film production seeking external funding in Ireland. It serves as the primary document governing the relationship between financiers and film producers, detailing crucial aspects such as funding disbursement, security arrangements, and repayment structures. This agreement must comply with Irish financial regulations, broadcasting laws, and the specific requirements of the Section 481 film tax credit scheme. It typically includes provisions for completion guarantees, collection account management, and distribution arrangements. The document is particularly important for productions utilizing Irish tax incentives and must account for both domestic Irish law and EU regulations regarding film financing, intellectual property rights, and financial services.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























































Clauses








































Relevant Industries

Media & Entertainment

Film & Television

Financial Services

Banking

Investment Management

Legal Services

Creative Arts

Tax & Accounting

Insurance

Digital Media

Relevant Teams

Legal

Finance

Production

Business Affairs

Tax

Compliance

Investment

Rights Management

Accounting

Risk Management

Relevant Roles

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

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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