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Litigation Funding Agreement
"I need a Litigation Funding Agreement under German law for funding a commercial patent dispute, with a funding commitment of €2.5 million and specific provisions for technical expert costs and potential cross-licensing outcomes."
1. Parties: Identification of the Funder and the Funded Party (and potentially other relevant parties)
2. Background: Context of the litigation and purpose of the funding arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Scope of Funding: Details of what the funding covers, including type of legal proceedings and jurisdiction
5. Funding Amount and Disbursement: The agreed funding amount, drawdown mechanisms, and conditions for disbursement
6. Returns and Success Fee: Calculation and payment of the funder's return, including success fee structure
7. Conditions Precedent: Conditions that must be met before the agreement becomes effective
8. Representations and Warranties: Key statements and assurances from both parties
9. Obligations of the Funded Party: Commitments and responsibilities of the party receiving funding
10. Obligations of the Funder: Commitments and responsibilities of the funding party
11. Case Management and Control: Decision-making processes and control rights regarding the litigation
12. Confidentiality and Data Protection: Provisions for handling confidential information and personal data
13. Term and Termination: Duration of the agreement and circumstances for termination
14. Consequences of Termination: Effects and obligations following termination
15. Dispute Resolution: Procedures for resolving disputes between the parties
16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Multi-Party Provisions: Additional provisions for cases involving multiple funded parties or funders
2. Insurance Arrangements: Provisions regarding After-the-Event insurance or other relevant insurance
3. Security Arrangements: Provisions for any security or collateral required by the funder
4. Cross-Border Provisions: Additional provisions for cases involving multiple jurisdictions
5. Assignment and Syndication: Provisions allowing the funder to assign or syndicate its rights
6. Third Party Rights: Provisions regarding the rights of third parties under the agreement
7. Anti-Money Laundering Compliance: Specific provisions for AML compliance where required
8. Broker/Intermediary Provisions: Provisions dealing with any intermediaries involved in arranging the funding
1. Schedule 1 - Case Details: Detailed description of the legal proceedings being funded
2. Schedule 2 - Budget and Cost Schedule: Detailed breakdown of anticipated costs and funding requirements
3. Schedule 3 - Success Fee Calculation: Detailed methodology for calculating the success fee
4. Schedule 4 - Drawdown Procedure: Detailed process for requesting and receiving funding
5. Schedule 5 - Reporting Requirements: Format and timing of required reports
6. Schedule 6 - Key Contacts: Contact details for key personnel from all parties
7. Appendix A - Form of Drawdown Notice: Template for requesting funding drawdowns
8. Appendix B - Form of Progress Report: Template for regular progress reports
9. Appendix C - Power of Attorney: If required for specific actions by the funder
Authors
ATE Insurance
Budget
Business Day
Case
Claim
Claim Proceeds
Confidential Information
Costs
Court
Defendant
Dispute
Effective Date
Encumbrance
Event of Default
Funding Amount
Funding Commitment
Funder
Funded Party
Insurance Policy
Legal Representatives
Litigation
Material Adverse Change
Payment Date
Permitted Purpose
Proceedings
Professional Advisor
Progress Report
Related Rights
Representative
Security
Settlement
Success Fee
Success Scenario
Term
Termination Date
Termination Event
Third Party
Transaction Documents
Adverse Costs
Approved Expenses
Case Documentation
Control Rights
Disbursement Schedule
Due Diligence Materials
Funding Request
Legal Costs
Priority of Payments
Recoveries
Reporting Requirements
Settlement Agreement
Definitions
Funding Commitment
Conditions Precedent
Drawdown
Success Fee
Payment Terms
Security
Representations and Warranties
Covenants
Case Management
Control Rights
Information Rights
Reporting
Confidentiality
Data Protection
Non-Disclosure
Assignment
Change of Control
Events of Default
Force Majeure
Termination
Consequences of Termination
Dispute Resolution
Governing Law
Jurisdiction
Notices
Entire Agreement
Amendments
Severability
Third Party Rights
Costs and Expenses
Waiver
Counterparts
Priority of Payments
Anti-Money Laundering
Compliance
Insurance
Indemnification
Settlement Authority
Legal Privilege
Power of Attorney
Financial Services
Insurance
Legal Services
Banking
Manufacturing
Construction
Technology
Healthcare
Energy
Real Estate
Transportation
Retail
Professional Services
Mining and Resources
Telecommunications
Legal
Finance
Risk Management
Compliance
Investment
Operations
Business Development
Dispute Resolution
Corporate Affairs
Treasury
Chief Legal Officer
General Counsel
Legal Director
Head of Litigation
Senior Legal Counsel
Legal Operations Manager
Chief Financial Officer
Finance Director
Risk Manager
Compliance Officer
Investment Manager
Portfolio Manager
Claims Manager
Business Development Director
Contract Manager
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