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Revenue Based Financing Agreement
"I need a Revenue Based Financing Agreement for my SaaS company based in Sydney, seeking $2.5M in funding with a 5% revenue share and maximum repayment cap of $3.75M, including specific provisions for international revenue streams and intellectual property protection."
1. Parties: Identifies and defines the parties to the agreement - typically the Financier and the Recipient Company
2. Background: Sets out the context of the agreement, including the purpose of the financing and basic business understanding
3. Definitions and Interpretation: Defines key terms used throughout the agreement, including 'Revenue', 'Collection Period', 'Payment Cap', etc.
4. Funding Amount and Disbursement: Details of the financing amount and how/when it will be provided to the Recipient
5. Revenue Share Calculation: Specifies how the revenue share percentage is calculated and applied
6. Payment Terms: Details of payment frequency, calculation periods, payment methods, and reporting requirements
7. Recipient Covenants: Key promises and obligations of the Recipient, including financial reporting and business conduct
8. Information Rights: Financier's rights to receive financial information and conduct audits
9. Events of Default: Circumstances that constitute default and their consequences
10. Representations and Warranties: Standard business and legal representations by both parties
11. Confidentiality: Provisions for handling confidential information
12. Term and Termination: Duration of the agreement and circumstances for early termination
13. General Provisions: Standard legal provisions including notices, amendments, governing law, etc.
1. Security Interest: Include when the financing is secured against specific assets or intellectual property
2. Personal Guarantee: Include when personal guarantees are required from directors or shareholders
3. Subordination: Include when there are other creditors and ranking of security needs to be established
4. Intellectual Property Rights: Include for technology companies or when IP is crucial to the business
5. Change of Control: Include when restrictions on ownership changes are required
6. International Payments: Include when parties are in different jurisdictions
7. Key Person Provisions: Include when the business relies heavily on specific individuals
8. Minimum Performance Requirements: Include when specific business performance metrics need to be maintained
1. Schedule 1 - Revenue Share Calculation Methodology: Detailed explanation of revenue definitions and calculation methods
2. Schedule 2 - Form of Revenue Report: Template for regular revenue reporting
3. Schedule 3 - Payment Terms and Instructions: Detailed payment procedures and bank account details
4. Schedule 4 - Initial Business Plan: Recipient's business plan and financial projections
5. Schedule 5 - Excluded Revenue: List of revenue streams excluded from calculations
6. Appendix A - Compliance Certificate: Template for regular compliance certification
7. Appendix B - Draw Down Notice: Form for requesting disbursement of funds
8. Appendix C - Security Documents: If applicable, forms and details of security arrangements
Authors
Technology
Software as a Service (SaaS)
E-commerce
Digital Services
Healthcare Technology
Financial Technology
Professional Services
Subscription-based Businesses
Digital Media
Online Marketplaces
Manufacturing
Retail
Legal
Finance
Treasury
Compliance
Corporate Development
Executive Leadership
Risk Management
Operations
Revenue Operations
Business Development
Chief Financial Officer
Finance Director
Chief Executive Officer
Corporate Counsel
Legal Counsel
Financial Controller
Treasury Manager
Revenue Manager
Compliance Officer
Company Secretary
Business Development Director
Chief Operating Officer
Account Manager
Investment Manager
Risk Manager
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