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Co Financing Agreement
"Need a Co-Financing Agreement under Belgian law for a renewable energy project with three lenders (one international bank and two local banks), total facility amount of €50 million, to be signed by March 2025 with stepped drawdown provisions."
1. Parties: Identification of all financing parties and the borrower/recipient
2. Background: Context of the financing arrangement and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Purpose and Scope: Detailed description of the financing purpose and scope of the agreement
5. Financial Contributions: Amount and nature of each party's financial contribution
6. Disbursement Mechanisms: Procedures and conditions for disbursement of funds
7. Payment Terms: Repayment terms, interest rates, and fee structures
8. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective
9. Representations and Warranties: Standard representations and warranties from all parties
10. Covenants: Ongoing obligations of the parties
11. Risk Sharing: Allocation of risks among co-financing parties
12. Security Arrangements: Details of any security or collateral arrangements
13. Monitoring and Reporting: Requirements for financial and operational reporting
14. Events of Default: Circumstances constituting default and consequences
15. Governance: Decision-making processes and voting rights
16. Term and Termination: Duration of the agreement and termination provisions
17. Miscellaneous: Standard boilerplate provisions
18. Governing Law and Jurisdiction: Confirmation of Belgian law and jurisdiction details
1. Intercreditor Provisions: Required when there are multiple lenders with different priorities
2. Project Implementation: Needed for project-specific financing arrangements
3. Environmental and Social Requirements: Required for projects with environmental or social impact considerations
4. Tax Provisions: Detailed tax arrangements when complex tax structures are involved
5. Currency and Exchange Provisions: Required when dealing with multiple currencies
6. Step-in Rights: Needed when lenders require the right to take control in certain circumstances
7. Insurance Requirements: Detailed insurance provisions for high-risk projects
8. Agent Provisions: Required when a facility agent or security agent is appointed
1. Schedule 1 - Financing Plan: Detailed breakdown of financing contributions and timing
2. Schedule 2 - Disbursement Schedule: Timing and conditions for disbursements
3. Schedule 3 - Form of Drawdown Notice: Standard form for requesting disbursements
4. Schedule 4 - Security Documents: List and copies of all security documents
5. Schedule 5 - Reporting Requirements: Templates and timing for required reports
6. Schedule 6 - Contact Details: Contact information for all parties
7. Schedule 7 - Conditions Precedent Documents: List of required documents and conditions
8. Appendix A - Project Description: Detailed description of the project being financed
9. Appendix B - Financial Model: Detailed financial projections and assumptions
10. Appendix C - Form of Compliance Certificate: Template for periodic compliance certification
Authors
Conditions Precedent
Facility
Purpose
Drawdown
Interest
Repayment
Prepayment
Security
Representations and Warranties
Information Covenants
Financial Covenants
General Covenants
Events of Default
Changes to Parties
Payment Mechanics
Set-off
Sharing Among Finance Parties
Administration
Decision Making
Amendments and Waivers
Confidentiality
Notices
Calculations
Fees
Expenses
Indemnities
Mitigation
Force Majeure
Security Trust
Facility Agent Provisions
Security Agent Provisions
Intercreditor Provisions
Tax Gross Up
Increased Costs
Currency Provisions
Anti-corruption
Sanctions Compliance
Data Protection
Environmental Compliance
Social Responsibility
Governing Law
Enforcement
Jurisdiction
Service of Process
Infrastructure Development
Real Estate
Renewable Energy
Transportation
Healthcare
Industrial Manufacturing
Technology
Telecommunications
Public-Private Partnerships
Commercial Real Estate
Energy and Utilities
Mining and Natural Resources
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Finance
Project Finance
Credit
Investment
Business Development
Operations
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Project Finance Manager
Risk Manager
Investment Director
Corporate Finance Manager
Compliance Officer
Financial Controller
Business Development Director
Credit Risk Manager
Senior Banker
Project Director
Transaction Manager
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