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Forward Funding Agreement
"I need a Forward Funding Agreement under Irish law for a €50M mixed-use development project in Dublin, where the funder will provide staged payments starting March 2025, with specific provisions for retail pre-lets and sustainability requirements."
1. Parties: Identification of the Funder, Developer, and any guarantors
2. Background: Context of the development project, purpose of the agreement, and current status of the property
3. Definitions and Interpretation: Definitions of key terms and interpretation principles
4. Conditions Precedent: Prerequisites to be satisfied before funding obligations commence
5. Property Acquisition: Terms relating to the acquisition of the development site
6. Funding Obligations: Details of funding structure, drawdown mechanics, and funding conditions
7. Development Obligations: Developer's obligations regarding construction, timeline, and quality standards
8. Payment Provisions: Payment mechanics, timing, and conditions for development costs
9. Monitoring and Reporting: Requirements for progress reports, site visits, and cost monitoring
10. Insurance Requirements: Required insurance coverage and related obligations
11. Warranties and Representations: Standard and specific warranties from all parties
12. Default and Remedies: Events of default and corresponding remedies
13. Completion Requirements: Conditions and process for practical and legal completion
14. Assignment and Security: Rights and restrictions regarding assignment and security arrangements
15. Boilerplate Provisions: Standard contractual provisions including notices, governing law, etc.
1. Pre-let Arrangements: Required when there are pre-identified tenants or letting requirements
2. Planning Permission Conditions: Used when planning permission is not yet obtained or requires modification
3. Environmental Provisions: Detailed environmental obligations where specific environmental risks are identified
4. Third Party Rights: Required when third parties (e.g., future tenants) need enforcement rights
5. Step-in Rights: Used when the funder requires rights to take over development in specific circumstances
6. Profit Share Arrangements: Included when parties agree to share development profits
7. VAT Structure: Detailed VAT provisions where complex VAT treatment is required
8. Forward Sale Provisions: Required when the completed development is pre-sold to a third party
1. Property Description: Detailed description and plans of the development site
2. Development Specification: Detailed specifications of the proposed development
3. Cost Schedule: Breakdown of development costs and funding requirements
4. Construction Programme: Detailed construction timeline and milestones
5. Form of Collateral Warranties: Template warranties from contractors and professionals
6. Professional Team: Details of appointed contractors and consultants
7. Forms of Payment Notice: Template payment and drawdown notices
8. Permitted Security: Details of permitted encumbrances and security interests
9. Form of Direct Agreement: Template for agreements with key contractors
10. Reporting Requirements: Detailed requirements for progress reports and monitoring
Authors
Real Estate
Construction
Banking & Finance
Property Development
Commercial Property
Infrastructure
Urban Development
Investment Management
Real Estate Finance
Property Investment
Legal
Real Estate
Development
Finance
Investment
Construction
Risk & Compliance
Commercial
Project Management
Property
Technical Services
Real Estate Director
Development Director
Finance Director
Construction Manager
Investment Manager
Legal Counsel
Property Director
Fund Manager
Project Manager
Risk Manager
Commercial Director
Development Manager
Chief Investment Officer
Head of Real Estate
Head of Construction
Senior Finance Manager
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