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Litigation Financing Agreement
Need a Litigation Financing Agreement under UAE law for funding a commercial fraud case with a claim value of AED 50 million, where we require active funder involvement in strategic decisions and monthly reporting obligations.
1. Parties: Identification of the Funder and the Funded Party, including full legal names and addresses
2. Background: Context of the underlying litigation and purpose of the funding arrangement
3. Definitions: Key terms used throughout the agreement including 'Claim', 'Proceeds', 'Success Fee', 'Adverse Costs', etc.
4. Funding Commitment: Details of the funding amount, drawdown conditions, and funding schedule
5. Success Fee and Returns: Calculation methodology for the funder's return and priority of payments from proceeds
6. Control and Conduct of Litigation: Decision-making rights, level of funder's involvement, and settlement provisions
7. Representations and Warranties: Key assurances from both parties regarding authority, information disclosure, and claim ownership
8. Confidentiality: Obligations regarding confidential information and permitted disclosures
9. Term and Termination: Duration of agreement, termination rights, and consequences of termination
10. General Provisions: Standard boilerplate clauses including notices, amendments, assignment, and governing law
1. Security Arrangements: Used when the funder requires security over the claim proceeds or other assets
2. Third Party Rights: Required when other parties (like lawyers or insurers) have rights under the agreement
3. ATE Insurance: Included when after-the-event insurance is part of the funding arrangement
4. Cross-Border Provisions: Required when litigation involves multiple jurisdictions
5. Shariah Compliance: Necessary when the agreement needs to comply with Islamic finance principles
6. Priority and Intercreditor Provisions: Used when multiple funders or creditors are involved
1. Case Budget: Detailed breakdown of estimated litigation costs and expenses
2. Drawdown Schedule: Timing and conditions for release of funding tranches
3. Success Fee Calculations: Detailed examples and formulas for calculating the funder's return
4. Key Personnel: List of key individuals involved in the litigation and their roles
5. Form of Security Documents: Templates for any required security arrangements
6. Litigation Plan: Strategic overview of the litigation including timeline and key milestones
7. Due Diligence Summary: Summary of key findings from funder's due diligence
8. Counsel's Opinion: Summary or copy of legal opinion on claim merits
Authors
Adverse Costs
Adverse Costs Order
Approved Budget
Case
Claim
Claim Proceeds
Confidential Information
Court
Dispute
Event of Default
Funded Party
Funder
Funding Amount
Funding Commitment
Legal Representatives
Litigation
Material Adverse Effect
Priority of Payments
Proceedings
Protected Information
Security
Settlement
Success Fee
Termination Date
Termination Event
Third Party Funding Code
Definitions
Funding Commitment
Drawdown Conditions
Success Fee
Priority of Payments
Control Rights
Settlement Authority
Termination
Representations and Warranties
Confidentiality
Non-Disclosure
Security
Information Rights
Reporting Obligations
Decision Making
Adverse Costs
Assignment
Force Majeure
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendments
Third Party Rights
Anti-Money Laundering
Costs and Expenses
Interest
Legal Services
Financial Services
Investment Management
Insurance
Private Equity
Banking
Dispute Resolution
Legal Tech
Asset Management
Professional Services
Legal
Compliance
Risk Management
Finance
Investment
Operations
Dispute Resolution
Corporate Affairs
Treasury
Deal Advisory
Legal Counsel
Chief Legal Officer
Litigation Manager
Investment Manager
Risk Manager
Chief Financial Officer
Compliance Officer
General Counsel
Legal Director
Investment Director
Portfolio Manager
Claims Manager
Director of Operations
Chief Risk Officer
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