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Development Funding Agreement
"I need a Development Funding Agreement under Irish law for a €50 million residential development project in Dublin, with quarterly drawdowns starting March 2025 and including green financing provisions."
1. Parties: Identification of the funder(s) and developer(s), including registered addresses and company details
2. Background: Context of the development project and funding arrangement
3. Definitions and Interpretation: Defined terms and interpretation rules for the agreement
4. Funding Amount and Purpose: Details of the funding amount, drawdown conditions, and permitted uses
5. Conditions Precedent: Conditions that must be satisfied before funding becomes available
6. Drawdown Mechanics: Procedures and requirements for accessing the funding
7. Development Obligations: Developer's obligations regarding the project execution and timeline
8. Representations and Warranties: Standard and specific warranties from both parties
9. Covenants: Ongoing obligations of the parties during the development period
10. Security: Security arrangements for the funding
11. Monitoring and Reporting: Requirements for project progress reporting and financial monitoring
12. Events of Default: Circumstances constituting default and consequences
13. Termination: Termination rights and procedures
14. Governing Law and Jurisdiction: Confirmation of Irish law governance and jurisdiction
1. Cost Overrun Provisions: Additional provisions for handling project cost overruns - include when project costs are uncertain
2. Green Finance Provisions: Specific provisions for environmental compliance and green financing - include for environmentally focused projects
3. Multiple Funders: Provisions governing relationships between multiple funders - include when there is more than one funder
4. Tax Provisions: Detailed tax arrangements and responsibilities - include for complex tax structures
5. Step-In Rights: Rights of funder to take control of the project - include for high-risk developments
6. Insurance Requirements: Specific insurance obligations - include for high-value or high-risk projects
1. Schedule 1 - The Property: Detailed description of the development property and site plans
2. Schedule 2 - Development Program: Detailed timeline and milestones for the development
3. Schedule 3 - Drawdown Schedule: Detailed breakdown of funding tranches and conditions
4. Schedule 4 - Form of Drawdown Notice: Template for drawdown requests
5. Schedule 5 - Security Documents: Forms of security documents and guarantees
6. Schedule 6 - Conditions Precedent: Detailed list of required conditions precedent
7. Schedule 7 - Reporting Requirements: Templates and requirements for progress reports
8. Appendix A - Planning Permissions: Copies of relevant planning permissions and conditions
9. Appendix B - Professional Team: Details of key contractors and professional advisers
Authors
Real Estate
Construction
Infrastructure
Renewable Energy
Commercial Property
Residential Development
Industrial Development
Healthcare Facilities
Education Facilities
Mixed-Use Development
Retail Development
Hospitality
Technology Parks
Legal
Finance
Development
Construction
Risk Management
Compliance
Treasury
Investment
Planning
Commercial
Project Management
Chief Financial Officer
Development Director
Project Manager
Legal Counsel
Finance Director
Construction Manager
Risk Manager
Investment Manager
Property Director
Treasury Manager
Compliance Officer
Planning Manager
Commercial Director
Fund Manager
Development Manager
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