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Forward Funding Agreement
"I need a Forward Funding Agreement under Hong Kong law for a HKD 500 million mixed-use development project in Kowloon, where the funder is a pension fund and requires enhanced step-in rights and quarterly project monitoring reports."
1. Parties: Identification of the Funder and Developer/Property Owner
2. Background: Context of the development project and funding arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement and interpretation rules
4. Conditions Precedent: Prerequisites that must be satisfied before funding obligations commence
5. Funding Obligations: Core funding commitments, including amount, purpose, and mechanics
6. Drawdown Mechanics: Procedures and requirements for accessing the funding
7. Development Obligations: Developer's obligations regarding construction and development
8. Project Monitoring: Funder's rights to monitor development progress and costs
9. Representations and Warranties: Standard and specific assurances from both parties
10. Security Arrangements: Security package and ranking of security interests
11. Cost Overruns: Responsibility and mechanics for handling cost overruns
12. Completion Requirements: Conditions and standards for practical completion
13. Insurance Requirements: Required insurance coverage and claim procedures
14. Events of Default: Circumstances constituting default and consequences
15. Termination: Termination rights and procedures
16. Assignment and Transfer: Rights and restrictions on transfer of interests
17. Confidentiality: Confidentiality obligations and permitted disclosures
18. Notices: Communication procedures between parties
19. Governing Law and Jurisdiction: Hong Kong law and jurisdiction provisions
20. General Provisions: Standard boilerplate clauses
1. Third Party Contractors: Required when specific contractors are key to the development and need direct obligations
2. Phased Development: Needed for projects with multiple development phases
3. Pre-lets and Sales: Required when pre-letting or pre-sales are part of the funding structure
4. Environmental Compliance: Needed for projects with significant environmental considerations
5. Planning Obligations: Required when specific planning conditions need to be satisfied
6. Joint Venture Provisions: Needed if the development involves a joint venture structure
7. Profit Share Arrangements: Required when the funder participates in development profits
8. Step-in Rights: Optional provisions for funder to take control of the development
9. Design Approval Rights: Needed when funder requires specific design approval rights
1. Property Description: Detailed description of the development site and title information
2. Development Program: Detailed timeline and milestones for the development
3. Funding Schedule: Detailed breakdown of funding amounts and timing
4. Form of Drawdown Notice: Template for drawdown requests
5. Development Budget: Detailed project costs and contingencies
6. Construction Specifications: Detailed building specifications and requirements
7. Form of Collateral Warranties: Standard forms for contractor warranties
8. Professional Team: Details of key consultants and contractors
9. Form of Progress Report: Template for regular development progress reports
10. Planning Permissions: Copies of relevant planning approvals and conditions
Authors
Agreed Form
Agreement
Approved Plans
Architect
Building Contract
Building Contractor
Building Inspector
Business Day
Certificate of Practical Completion
Collateral Warranties
Completion Date
Construction Costs
Construction Documents
Construction Programme
Cost Overrun
Default Interest Rate
Development
Development Costs
Development Period
Development Programme
Drawdown
Drawdown Date
Drawdown Notice
Drawdown Schedule
Environmental Laws
Event of Default
Expenditure Schedule
Final Account
Finance Documents
Funder's Architect
Funder's Quantity Surveyor
Funding Amount
Governing Law
Government Authority
Hong Kong
Insurance Policies
Interest Rate
Land
Legal Requisitions
Letting Agreement
Long Stop Date
Material Adverse Effect
Milestone
Occupation Permit
Permitted Security Interest
Planning Approval
Plans and Specifications
Practical Completion
Professional Appointment
Professional Team
Project
Project Accounts
Project Documents
Project Monitoring Agreement
Property
Quantity Surveyor
Required Consents
Reserved Matters
Security Documents
Security Interest
Site
Specification
Step-in Rights
Target Completion Date
Title Documents
Utilities
Valuation
Variation
Works
Funding Obligations
Security
Development Obligations
Construction Requirements
Project Monitoring
Cost Control
Insurance
Warranties and Representations
Title and Property
Planning and Consents
Environmental Compliance
Health and Safety
Quality Control
Payment Provisions
Drawdown Mechanics
Cost Overrun
Variations
Practical Completion
Default
Step-in Rights
Force Majeure
Assignment and Transfer
Confidentiality
Dispute Resolution
Termination
Intellectual Property
Professional Team Obligations
Reporting Requirements
Risk Allocation
Limitations of Liability
Indemnification
Notices
Boilerplate
Governing Law
Third Party Rights
Real Estate
Construction
Banking & Finance
Investment Management
Property Development
Infrastructure
Commercial Property
Residential Property
Urban Development
Asset Management
Legal
Real Estate
Development
Construction
Finance
Investment
Risk & Compliance
Project Management
Asset Management
Treasury
Property Management
Chief Investment Officer
Development Director
Project Manager
Real Estate Finance Manager
Construction Manager
Legal Counsel
Investment Manager
Asset Manager
Finance Director
Risk Manager
Property Director
Development Executive
Transaction Manager
Fund Manager
Compliance Officer
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