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Litigation Financing Agreement
"I need a Litigation Financing Agreement for a Swiss pharmaceutical company seeking funding for a patent infringement claim, with specific provisions for protecting intellectual property rights and a staged funding commitment of up to 5 million CHF."
1. Parties: Identification of the Litigation Funder and the Funded Party
2. Background: Context of the underlying litigation and purpose of the funding arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Scope of Funding: Details of what costs and expenses will be covered by the funding
5. Funding Amount and Drawdown: Specification of the total funding commitment and process for accessing funds
6. Returns and Distribution of Proceeds: Structure of the funder's return and waterfall of payments from litigation proceeds
7. Conditions Precedent: Conditions that must be satisfied before funding obligations commence
8. Representations and Warranties: Statements of fact and assurances from both parties
9. Obligations of the Funded Party: Ongoing duties including information provision and cooperation
10. Control and Conduct of Litigation: Decision-making rights and consultation requirements
11. Confidentiality and Privilege: Protection of sensitive information and legal privilege
12. Termination: Circumstances allowing termination and consequences
13. Dispute Resolution: Process for resolving disputes between the parties
14. General Provisions: Standard contractual provisions including governing law, notices, and amendments
1. Security Arrangements: Include when the funder requires security over the claim or other assets
2. After-the-Event Insurance: Include when ATE insurance is required as part of the funding arrangement
3. Multiple Party Provisions: Include when there are multiple claimants or defendants being funded
4. Cross-Border Provisions: Include when the litigation involves multiple jurisdictions
5. Assignment and Subrogation: Include when rights to the claim may be transferred
6. Third Party Rights: Include when certain provisions are intended to benefit third parties
7. Anti-Money Laundering Compliance: Include when enhanced AML provisions are required
1. Schedule 1 - Funding Budget: Detailed breakdown of anticipated costs and funding allocation
2. Schedule 2 - Litigation Plan: Timeline and key stages of the litigation
3. Schedule 3 - Return Calculations: Detailed methodology for calculating the funder's return
4. Schedule 4 - Drawdown Conditions: Specific requirements and procedures for accessing funding
5. Schedule 5 - Reporting Requirements: Format and frequency of progress reports
6. Schedule 6 - Key Personnel: List of key individuals involved in the litigation
7. Appendix A - Form of Drawdown Notice: Template for requesting funding disbursements
8. Appendix B - Form of Progress Report: Template for regular litigation status updates
Authors
Adverse Costs Order
After-the-Event Insurance
Approved Budget
Award
Budget
Business Day
Case Management Conference
Claim
Claim Proceeds
Completion
Confidential Information
Control
Costs
Court
Defendant
Dispute
Distribution Date
Due Diligence Material
Encumbrance
Event of Default
Expert
Final Distribution
Financial Report
Force Majeure Event
Funded Party's Lawyers
Funding Amount
Funding Commitment
Insurance Policy
Insurer
Investment Return
Judgment
Legal Privilege
Legal Representatives
Litigation
Litigation Documents
Material Adverse Effect
Minimum Return
Payment Waterfall
Preferred Return
Priority Amount
Proceeding
Process Agent
Professional Advisor
Prohibited Act
Recovery
Related Rights
Reserved Costs
Security
Security Interest
Settlement
Settlement Agreement
Success Fee
Term
Termination Date
Termination Event
Third Party
Transaction Documents
Uplift
Waterfall Calculations
Interpretation
Funding Commitment
Drawdown
Conditions Precedent
Representations and Warranties
Covenants
Security
Returns and Distribution
Payment Obligations
Control Rights
Information Rights
Confidentiality
Legal Privilege
Anti-Money Laundering
Regulatory Compliance
Settlement Authority
Professional Conduct
Conflicts of Interest
Risk Allocation
Insurance
Force Majeure
Termination
Events of Default
Assignment
Subrogation
Third Party Rights
Dispute Resolution
Governing Law
Jurisdiction
Notices
Amendments
Severability
Entire Agreement
Counterparts
Costs and Expenses
Non-Competition
Data Protection
Reporting
Record Keeping
Indemnification
Legal Services
Financial Services
Insurance
Banking
Private Equity
Investment Management
Professional Services
Manufacturing
Technology
Real Estate
Construction
Energy
Mining
Healthcare
Telecommunications
Legal
Finance
Risk Management
Compliance
Corporate Secretariat
Investment
Operations
Dispute Resolution
Treasury
Corporate Development
Legal Counsel
Chief Legal Officer
Litigation Manager
Chief Financial Officer
Risk Manager
Investment Director
Claims Manager
Compliance Officer
General Counsel
Corporate Secretary
Finance Director
Portfolio Manager
Investment Analyst
Legal Operations Manager
Dispute Resolution Specialist
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