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Loi Funding
"I need a Loi Funding agreement for a £5 million commercial dispute where our client is seeking third-party funding to pursue a breach of contract claim against a former supplier, with a success fee of 30% of recoveries and monthly drawdown provisions."
1. Parties: Identification of the Funder, the Funded Party, and any other relevant parties
2. Background: Context of the litigation and funding arrangement
3. Definitions: Key terms used throughout the agreement
4. Funding Commitment: Details of funding amount, drawdown conditions, and funding structure
5. Return on Investment: Calculation and payment of the funder's return
6. Control and Conduct of Litigation: Decision-making rights and obligations regarding the litigation
7. Termination: Circumstances and process for terminating the agreement
8. Confidentiality: Obligations regarding confidential information
1. After the Event Insurance: Terms relating to ATE insurance when required as part of the funding arrangement
2. Security for Costs: Provisions regarding security for costs orders when there's a risk of such applications
3. Cross-Border Provisions: Specific provisions for multi-jurisdictional litigation when involving multiple jurisdictions
1. Budget: Detailed litigation budget and cost projections
2. Drawdown Schedule: Timeline and conditions for funding disbursements
3. Return Calculations: Detailed methodology for calculating funder's return
4. Counsel Opinion: Legal opinion on merits of the case
5. Waterfall Provisions: Priority of payments from litigation proceeds
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