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Forward Funding Agreement
"I need a Forward Funding Agreement for a €50M office development in Amsterdam, with quarterly stage payments and completion scheduled for March 2025, including specific provisions for sustainability requirements and BREEAM certification."
1. Parties: Identification of the Funder and Developer/Seller, including full legal names and registration details
2. Background: Context of the transaction, including property details and development scheme overview
3. Definitions: Definitions of key terms used throughout the agreement
4. Project Description: Detailed description of the development project, including location and scope of works
5. Conditions Precedent: Conditions that must be satisfied before funding obligations commence
6. Purchase Price and Payment Structure: Total funding amount, payment mechanisms, and milestone payment schedule
7. Funding Obligations: Funder's obligations regarding the provision of funds, including timing and conditions
8. Development Obligations: Developer's obligations regarding the construction and completion of the project
9. Construction Program: Timeline for development, key milestones, and completion dates
10. Variations and Changes: Process for handling changes to the development scheme or costs
11. Monitoring and Reporting: Requirements for project monitoring, reporting, and site visits
12. Risk Allocation: Distribution of risks between parties during development
13. Warranties and Representations: Standard and specific warranties from both parties
14. Insurance Requirements: Required insurance coverage during development
15. Default and Termination: Events of default, remedies, and termination provisions
16. Completion and Handover: Requirements and process for practical completion
17. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
18. Boilerplate Provisions: Standard contractual provisions including notices, assignment, and entire agreement
1. Environmental Provisions: Specific environmental obligations and risks, used when site has known environmental issues
2. Pre-letting Requirements: Requirements for pre-letting of the developed property, included when pre-lets are part of the funding structure
3. Forward Sale Provisions: Terms for onward sale of the completed development, included when there's a pre-arranged exit
4. Planning Conditions: Specific planning-related conditions and obligations, used when planning permission is not yet secured
5. VAT and Tax Provisions: Detailed tax structure and obligations, included for complex tax arrangements
6. Step-in Rights: Funder's rights to take over development, included for higher-risk projects
7. Public Law Requirements: Specific provisions relating to public law aspects, included when public authorities are involved
8. Phasing Provisions: Specific provisions for phased developments, used for multi-phase projects
1. Property Description: Detailed legal description of the property including plans and title information
2. Development Specification: Detailed technical specifications for the development
3. Payment Schedule: Detailed breakdown of payment milestones and amounts
4. Form of Collateral Warranties: Template warranties from contractors and professional team
5. Professional Team Appointments: List of appointed professionals and key terms of their appointments
6. Construction Documents: Key construction contracts and related documents
7. Forms of Certificates: Template certificates for practical completion, payment, etc.
8. Pre-conditions Evidence: List of required evidence for satisfying conditions precedent
9. Service Level Requirements: Detailed service levels and quality standards
10. Required Insurance: Detailed insurance requirements and minimum coverage levels
11. Planning Permissions: Copies of relevant planning permissions and conditions
12. Financial Model: Agreed financial model and cost plan for the development
Authors
Applicable Laws
Approved Plans
Architect
Base Build Specification
Building Contract
Building Contractor
Building Permits
Certificate of Practical Completion
Collateral Warranties
Completion Date
Construction Documents
Construction Program
Cost Plan
Default Event
Default Interest Rate
Defects Liability Period
Development
Development Costs
Development Period
Development Specification
Environmental Laws
Extension Event
Final Account
Final Completion Date
Funder
Funding Conditions
Insurance Requirements
Interest Rate
Land
Lease
Legal Requirements
Longstop Date
Material Adverse Effect
Milestone Dates
Milestone Payments
Necessary Consents
Payment Certificate
Payment Schedule
Planning Permission
Professional Appointments
Professional Team
Project
Project Documents
Project Manager
Property
Purchase Price
Quality Standards
Quantity Surveyor
Related Agreements
Relevant Authority
Schedule of Defects
Security Documents
Site
Specification
Stage Payments
Statutory Requirements
Step-in Rights
Technical Requirements
Title Documents
VAT
Warranties
Works
Conditions Precedent
Land Acquisition
Purchase Price
Payment Structure
Funding Obligations
Development Obligations
Construction Requirements
Planning Compliance
Environmental Compliance
Variations
Extensions of Time
Quality Control
Monitoring and Reporting
Insurance
Warranties
Representations
Title Matters
Risk Allocation
Default
Step-in Rights
Force Majeure
Termination
Completion Requirements
Defects Liability
Tax and VAT
Assignment
Confidentiality
Data Protection
Notices
Liability Limitations
Dispute Resolution
Governing Law
Entire Agreement
Severability
Third Party Rights
Waiver
Costs
Counterparts
Real Estate
Commercial Property Development
Property Investment
Construction
Infrastructure Development
Retail Development
Office Development
Industrial Development
Urban Development
Financial Services
Legal
Real Estate
Investment
Development
Construction
Finance
Risk Management
Asset Management
Project Management
Acquisitions
Due Diligence
Technical Services
Real Estate Investment Manager
Development Director
Chief Investment Officer
Construction Manager
Legal Counsel
Financial Director
Project Manager
Investment Analyst
Risk Manager
Asset Manager
Development Manager
Transaction Manager
Fund Manager
Property Director
Acquisitions Manager
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