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Project Financing Agreement
"I need a Project Financing Agreement under Dutch law for a €250 million offshore wind farm project, with a consortium of three international banks as lenders and involving ECA (Export Credit Agency) support, with financial close targeted for March 2025."
1. Parties: Identification of all parties to the agreement including lenders, borrowers, sponsors, and any guarantors
2. Background: Context of the project financing, including project description and purpose of the facility
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. The Facility: Details of the loan facility, including amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before drawdown of the facility
6. Drawdown Procedures: Process and requirements for requesting and making drawdowns
7. Repayment and Prepayment: Terms of repayment, including schedule, mandatory and voluntary prepayment provisions
8. Interest and Fees: Interest calculation, payment dates, default interest, and all applicable fees
9. Security Package: Description of all security interests, guarantees, and collateral
10. Representations and Warranties: Standard and project-specific representations and warranties
11. Covenants: Financial and operational covenants, including information requirements
12. Events of Default: Circumstances constituting default and consequences
13. Changes to Parties: Transfer and assignment provisions
14. Administration: Administrative provisions including notices and calculations
15. Governing Law and Jurisdiction: Choice of Dutch law and jurisdiction provisions
1. Intercreditor Provisions: Required when multiple lenders are involved, detailing voting rights and enforcement procedures
2. Government Support: Needed when project involves government guarantees or support
3. Environmental Compliance: Detailed environmental obligations when project has significant environmental impact
4. Construction Phase Provisions: Specific provisions for construction phase including milestone requirements and technical specifications
5. Operation Phase Provisions: Specific provisions for operation phase including performance standards
6. Insurance: Detailed insurance requirements beyond standard coverage
7. Direct Agreements: Required when step-in rights are needed with key project counterparties
8. Hedging Obligations: Required when interest rate or currency hedging is mandatory
1. Schedule 1 - Conditions Precedent: Detailed list of all required conditions precedent documents
2. Schedule 2 - Form of Drawdown Request: Template for drawdown requests
3. Schedule 3 - Repayment Schedule: Detailed repayment schedule including amounts and dates
4. Schedule 4 - Project Documents: List and copies of all material project documents
5. Schedule 5 - Security Documents: List and copies of all security documents
6. Schedule 6 - Financial Model: Agreed base case financial model
7. Schedule 7 - Technical Description: Detailed technical description of the project
8. Schedule 8 - Form of Progress Report: Template for regular project progress reports
9. Schedule 9 - Insurance Requirements: Detailed insurance requirements and specifications
10. Schedule 10 - Forms of Security: Templates for various security documents
11. Appendix A - Contact Details: Contact information for all parties
12. Appendix B - Construction Timeline: Detailed construction schedule and milestones
Authors
Infrastructure
Energy
Renewable Energy
Real Estate Development
Transportation
Healthcare
Mining
Oil & Gas
Telecommunications
Waste Management
Water Treatment
Industrial Development
Power Generation
Agriculture
Legal
Finance
Treasury
Risk Management
Project Management
Commercial
Business Development
Compliance
Technical Operations
Corporate Development
Chief Financial Officer
Finance Director
Project Finance Manager
Legal Counsel
Corporate Lawyer
Project Manager
Risk Manager
Investment Director
Treasury Manager
Commercial Director
Business Development Manager
Financial Controller
Compliance Officer
Contract Manager
Technical Director
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