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Forward Funding Agreement
"I need a Forward Funding Agreement for a Malaysian mixed-use development project in Kuala Lumpur, with development completion targeted for March 2025, where an institutional investor will provide staged funding of MYR 500 million to the developer."
1. Parties: Identification of the funder and developer/seller
2. Background: Context of the development project and purpose of the forward funding arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Agreement to Fund: Core obligations of the funder to provide funding and conditions precedent
5. Funding Mechanics: Details of how and when funding will be provided, including drawdown procedures
6. Development Obligations: Developer's obligations regarding the construction and completion of the project
7. Project Monitoring: Rights of the funder to monitor construction progress and development milestones
8. Payment Provisions: Payment structure, including land acquisition costs, development costs, and profit share if applicable
9. Construction Timeline: Key dates, milestones, and completion requirements
10. Warranties and Representations: Standard and specific warranties from both parties
11. Insurance Requirements: Required insurance coverage for the project and parties
12. Default and Termination: Events of default, consequences, and termination rights
13. Boilerplate Provisions: Standard contractual provisions including notices, governing law, and dispute resolution
1. Pre-letting Requirements: Used when the agreement requires certain pre-letting conditions to be met
2. Income Guarantee: Include when the developer provides rental or income guarantees
3. Environmental Provisions: Required for projects with specific environmental concerns or requirements
4. Islamic Finance Compliance: Include when the funding structure needs to comply with Shariah principles
5. Multiple Phase Development: Used for projects with multiple development phases
6. Third Party Rights: Include when there are relevant third party interests or rights
7. Cost Overrun Protection: Optional provisions for managing cost overruns and additional funding requirements
1. Property Description: Detailed description of the development site and property
2. Development Specifications: Detailed technical specifications for the development
3. Funding Schedule: Detailed breakdown of funding tranches and payment milestones
4. Form of Drawdown Notice: Template for requesting funding drawdowns
5. Construction Program: Detailed construction timeline and milestones
6. Professional Team: Details of architects, contractors, and other professional consultants
7. Forms of Collateral Warranties: Standard forms for contractor and consultant warranties
8. Permitted Encumbrances: List of permitted encumbrances on the property
9. Required Insurances: Detailed insurance requirements and specifications
10. Form of Certificates: Templates for various certificates required under the agreement
Authors
Real Estate
Construction
Banking and Finance
Property Development
Infrastructure
Commercial Property
Retail Development
Industrial Development
Mixed-use Development
Investment Management
Legal
Finance
Real Estate
Development
Risk Management
Investment
Construction
Commercial
Property Management
Treasury
Development Director
Investment Manager
Chief Financial Officer
Project Manager
Construction Manager
Real Estate Lawyer
Finance Director
Risk Manager
Property Director
Fund Manager
Commercial Director
Development Manager
Asset Manager
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