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Development Funding Agreement
"I need a Development Funding Agreement for a mixed-use property development project in Kuala Lumpur, with Islamic finance compliance requirements, where a syndicate of three banks will provide MYR 250 million in funding to be drawn down in stages starting March 2025."
1. Parties: Identification of the funder(s) and developer(s), including registration details and addresses
2. Background: Context of the development project, purpose of funding, and relationship between parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Funding Amount and Purpose: Specification of the funding amount, funding structure, and permitted uses
5. Conditions Precedent: Conditions that must be satisfied before funding becomes available
6. Disbursement Mechanics: Procedures and requirements for drawing down funds
7. Developer Obligations: Core obligations of the developer regarding the project and use of funds
8. Representations and Warranties: Standard and specific representations and warranties from both parties
9. Security Arrangements: Details of security provided for the funding
10. Monitoring and Reporting: Requirements for project progress reporting and financial monitoring
11. Events of Default: Circumstances constituting default and consequences
12. Termination: Termination events and procedures
13. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Islamic Finance Compliance: Required if the funding follows Shariah principles, including relevant structure and compliance requirements
2. Environmental and Social Requirements: Needed for projects with significant environmental or social impact
3. Development Management: Required for projects where funder has specific involvement in development management
4. Cost Overrun Provisions: Include when there's specific arrangement for handling cost overruns
5. Project Income and Waterfall: Required when project income is collected and distributed according to specific priorities
6. Step-in Rights: Include when funder requires right to take control of project in certain circumstances
1. Project Details: Detailed description of the development project, including plans and specifications
2. Development Budget: Detailed budget breakdown and cost estimates
3. Disbursement Schedule: Timeline and milestones for fund disbursement
4. Form of Drawdown Notice: Template for requesting disbursement of funds
5. Form of Progress Report: Template for regular project progress reporting
6. Security Documents: List and copies of all security documents
7. Required Approvals: List of required regulatory and other approvals
8. Technical Specifications: Detailed technical requirements and standards for the development
9. Key Personnel: List of key project personnel and their roles
Authors
Real Estate
Construction
Infrastructure
Commercial Property
Residential Development
Industrial Development
Mixed-use Development
Hospitality
Retail Development
Urban Regeneration
Smart Cities
Sustainable Development
Legal
Finance
Development
Project Management
Risk Management
Compliance
Treasury
Construction
Corporate Finance
Investment
Property Development
Technical Services
Chief Financial Officer
Development Director
Project Finance Manager
Legal Counsel
Project Manager
Development Manager
Risk Manager
Compliance Officer
Islamic Finance Specialist
Investment Manager
Construction Manager
Property Development Director
Treasury Manager
Corporate Finance Manager
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