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Film Equity Investment Agreement
"I need a Film Equity Investment Agreement for a $5M investment in an Australian feature film, where the investor requires board representation and first right of refusal for international distribution rights, with completion scheduled for March 2025."
1. Parties: Identification of the production company, investor(s), and any other key parties to the agreement
2. Background: Context of the film project, purpose of the investment, and general commercial intent of the parties
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Investment Terms: Details of the equity investment amount, payment schedule, and conditions precedent to investment
5. Rights and Obligations: Specific rights granted to the investor and obligations of the production company
6. Revenue Share and Distribution: Structure of revenue sharing, distribution waterfall, and payment mechanisms
7. Governance Rights: Investor's rights in decision-making, approvals required, and consultation processes
8. Representations and Warranties: Standard and specific warranties from both parties regarding their capacity and the project
9. Reporting and Audit Rights: Requirements for financial reporting, project updates, and investor's audit rights
10. Intellectual Property: Ownership and protection of IP rights, including the film and associated materials
11. Credit and Publicity: Requirements for investor credits in the film and publicity rights
12. Confidentiality: Protection of confidential information and trade secrets
13. Term and Termination: Duration of the agreement and circumstances for early termination
14. Dispute Resolution: Process for resolving disputes between parties
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Security: Required when the investor requires security over assets or IP rights
2. Government Incentives: Include when the investment structure involves tax offsets or government funding
3. Additional Funding Rounds: Required when there is potential for additional investment rounds or other investors
4. Distribution Rights: Include when investor receives specific distribution rights or territories
5. Key Personnel: Required when specific personnel are crucial to the project and investor approval is needed for changes
6. International Rights: Include for international co-productions or when dealing with multiple territories
7. Completion Guarantee: Required when a completion bond is part of the financing structure
8. Copyright Mortgage: Include when investor requires specific security over copyright
9. Related Party Transactions: Required when dealing with connected entities or multiple investor structures
1. Film Specifications: Detailed description of the film, including synopsis, budget, and key creative elements
2. Investment Structure: Detailed breakdown of investment tranches, timing, and conditions
3. Revenue Waterfall: Detailed revenue sharing and recoupment structure
4. Production Schedule: Key dates and milestones for production and delivery
5. Budget: Detailed production budget and cashflow
6. Key Contracts: List of material agreements and their status
7. Chain of Title: Summary of rights ownership and clearances
8. Creative Materials: Key creative materials including script and creative vision
9. Required Approvals: List of required investor approvals and decision-making thresholds
10. Credit Requirements: Detailed requirements for investor credits in the film and marketing materials
Authors
Business Day
Chain of Title
Completion Date
Completion Guarantor
Confidential Information
Copyright Materials
Delivery Date
Delivery Materials
Distribution Agreement
Distribution Rights
Equity Investment
Exploitation
Film
Force Majeure Event
Government Agency
Gross Receipts
Initial Investment
Intellectual Property Rights
Investment Amount
Investment Period
Investment Share
Key Cast
Key Crew
Key Elements
License Agreement
Marketing Materials
Net Profits
Option Period
Outstanding Investment
Permitted Assignee
Principal Photography
Producer Offset
Production Account
Production Schedule
Qualifying Australian Production Expenditure
Related Body Corporate
Relevant Interest
Revenue
Sales Agent
Screen Australia
Security Interest
Subsidiary
Territory
Third Party Rights
Title Rights
Transaction Documents
Underlying Rights
Production Company Group
Completion Bond
Distribution Territory
Investment Documents
Key Production Personnel
Material Adverse Change
Production Insurance
Recoupment Position
Rights Period
Security Documents
Specified Personnel
Theatrical Release
Collection Account
Final Cut
Laboratory
Mixed Format Materials
Music Rights
Publicity Materials
Rating
Shooting Script
Tax Credit
Technical Requirements
Payment Obligations
Conditions Precedent
Representations and Warranties
Production Obligations
Creative Control
Approval Rights
Revenue Share
Distribution Rights
Copyright and IP
Chain of Title
Credit Requirements
Confidentiality
Security Interest
Tax Matters
Government Incentives
Reporting Requirements
Audit Rights
Key Personnel
Budget Control
Insurance Requirements
Force Majeure
Assignment
Term and Termination
Default and Remedies
Dispute Resolution
Notices
Governing Law
Further Assurance
Completion Guarantee
Distribution Arrangements
Collection Account
Financial Records
Moral Rights
Producer Offset
Publicity and Marketing
Security and Mortgages
Amendments
Severability
Third Party Rights
Indemnification
Exploitation Rights
Completion Requirements
Production Schedule
Cost Overruns
Change Control
Media & Entertainment
Film & Television
Financial Services
Investment & Private Equity
Creative Industries
Digital Media
Entertainment Law
Arts & Culture
Legal
Finance
Business Affairs
Production
Development
Compliance
Investment
Rights Management
Corporate Finance
Investment Manager
Legal Counsel
Film Producer
Production Executive
Chief Financial Officer
Business Affairs Director
Entertainment Lawyer
Finance Director
Investment Analyst
Compliance Officer
Production Accountant
Executive Producer
Development Executive
Rights Manager
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