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Forward Funding Agreement Template for Ireland

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Key Requirements PROMPT example:

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."

Document background
Forward Funding Agreements are utilized in significant property development projects in Ireland where a funder seeks to secure a completed development by providing funding throughout the construction phase, rather than purchasing upon completion. This type of agreement is particularly relevant in commercial property development, where substantial upfront funding is required. The Forward Funding Agreement needs to comply with Irish property law, construction regulations, and financial services requirements, while addressing complex aspects such as planning permission, development obligations, payment mechanics, and risk allocation. It's commonly used for large-scale commercial developments, retail projects, and mixed-use schemes where institutional investors or major property companies wish to secure future assets while sharing development risk. The agreement typically includes detailed provisions for cost monitoring, development specifications, and quality requirements, reflecting the funder's dual role as project financier and ultimate owner of the completed development.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

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

Real Estate

Construction

Banking & Finance

Property Development

Commercial Property

Infrastructure

Urban Development

Investment Management

Real Estate Finance

Property Investment

Relevant Teams

Legal

Real Estate

Development

Finance

Investment

Construction

Risk & Compliance

Commercial

Project Management

Property

Technical Services

Relevant Roles

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

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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