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Funding Agreement
"I need a Funding Agreement for a Series A investment of HKD 10 million into my technology startup, where the venture capital firm will receive 20% equity and standard board observation rights."
1. Parties: Identification of the funder(s) and recipient(s), including registration details and addresses
2. Background: Context of the funding arrangement, purpose of funding, and brief description of the business relationship
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Funding Amount and Purpose: Specification of the total funding amount and its intended use
5. Conditions Precedent: Conditions that must be satisfied before funding becomes available
6. Funding Mechanics: Process for drawdown, payment methods, and timing of funding
7. Representations and Warranties: Statements of fact and assurances from both parties
8. Covenants: Ongoing obligations of the recipient regarding business operations and use of funds
9. Information Rights: Recipient's obligations to provide financial and operational information to the funder
10. Events of Default: Circumstances that constitute default and their consequences
11. Termination: Circumstances under which the agreement can be terminated and the consequences
12. Confidentiality: Obligations regarding confidential information
13. Notices: Process and requirements for formal communications between parties
14. General Provisions: Standard boilerplate clauses including governing law, assignment, and amendments
1. Security: Required if the funding is secured against assets or requires guarantees
2. Interest and Fees: Needed for debt funding arrangements specifying interest rates and any additional fees
3. Conversion Rights: Required for convertible funding instruments, specifying terms of conversion to equity
4. Multiple Drawdown Provisions: Needed when funding is provided in multiple tranches
5. Co-Funding Provisions: Required when multiple funders are involved
6. Board Rights: Needed when funding includes rights to board representation
7. Exit Rights: Required for equity funding specifying terms for future exits
8. Anti-Dilution Protection: Needed for equity funding to protect against future dilution
9. Intellectual Property Rights: Required when funding is tied to specific IP or technology development
1. Schedule 1 - Details of the Parties: Detailed information about all parties including registration numbers, addresses, and contact persons
2. Schedule 2 - Funding Schedule: Detailed breakdown of funding amounts, timing, and any tranches
3. Schedule 3 - Conditions Precedent Documents: List of all documents and conditions required before funding
4. Schedule 4 - Form of Drawdown Notice: Template for requesting drawdown of funds
5. Schedule 5 - Disclosure Schedule: Exceptions to representations and warranties
6. Schedule 6 - Required Consents and Approvals: List of all regulatory and third-party approvals needed
7. Schedule 7 - Security Documents: Details of any security or guarantees (if applicable)
8. Schedule 8 - Reporting Requirements: Specific requirements for financial and operational reporting
9. Appendix A - Key Performance Indicators: Metrics and targets tied to funding conditions
10. Appendix B - Form of Compliance Certificate: Template for periodic compliance certification
Authors
Technology and Software
Financial Services
Healthcare and Biotech
Real Estate and Property
Manufacturing
E-commerce
Clean Energy and Sustainability
Education Technology
Telecommunications
Consumer Goods
Professional Services
Media and Entertainment
Infrastructure
Logistics and Supply Chain
Legal
Finance
Compliance
Risk Management
Corporate Development
Treasury
Investment
Due Diligence
Business Development
Corporate Secretarial
Executive Leadership
Board of Directors
Chief Executive Officer
Chief Financial Officer
Chief Legal Officer
Investment Director
Finance Director
Legal Counsel
Investment Manager
Corporate Lawyer
Financial Controller
Compliance Officer
Company Secretary
Risk Manager
Business Development Director
Treasury Manager
Fund Manager
Managing Partner
Investment Analyst
Due Diligence Officer
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