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1. Parties: Identification of the litigation funder and the funded party (claimant)
2. Background: Description of the underlying dispute, claim value, and purpose of the funding arrangement
3. Definitions: Key terms used throughout the agreement including 'Claim', 'Proceeds', 'Success Fee', 'Legal Costs'
4. Funding Commitment: Details of the funding amount, drawdown conditions, and funding schedule
5. Success Fee and Return Structure: Calculation and payment terms of the funder's return upon successful resolution
6. Claimant's Obligations: Duties of the funded party including cooperation, information sharing, and litigation conduct
7. Control and Decision-Making: Framework for making key litigation decisions and settlement approval rights
8. Costs and Expenses: Allocation of litigation costs, adverse costs, and security for costs
9. Confidentiality: Obligations regarding confidential information and permitted disclosures
10. Term and Termination: Duration of the agreement and circumstances allowing early termination
11. Representations and Warranties: Key assurances from both parties regarding capacity, information, and conflicts
12. Governing Law and Jurisdiction: Specification of German law application and dispute resolution mechanism
1. AML and Compliance: Specific provisions for anti-money laundering and regulatory compliance, required when funding particularly large claims or involving regulated entities
2. Priority and Security: Provisions regarding security interests over the claim or proceeds, used when additional security is required
3. Portfolio Funding Terms: Special provisions for funding multiple claims, used in portfolio funding arrangements
4. Insurance Arrangements: Provisions regarding after-the-event insurance or other insurance requirements, included when insurance is part of the funding structure
5. Assignment and Transfer: Provisions allowing transfer of funding rights, included when the funder may want to syndicate or transfer the investment
6. Counsel and Expert Appointment: Procedures for appointing and replacing legal counsel and experts, included when the funder wants specific control rights
1. Claim Summary: Detailed description of the funded claim including key evidence and legal basis
2. Budget and Funding Schedule: Detailed litigation budget and timeline for funding drawdowns
3. Success Fee Calculations: Detailed examples and formulas for calculating the success fee in various scenarios
4. Approved Counsel and Experts: List of pre-approved legal counsel and experts for the litigation
5. Reporting Requirements: Templates and schedules for regular reporting by the claimant
6. Due Diligence Documents: Key documents relied upon in the funding decision
7. Power of Attorney: Form of power of attorney if required for certain jurisdictions or actions
Approved Budget
Assigned Rights
Award
Budgeted Costs
Case Materials
Claim
Claim Proceeds
Claimant's Lawyers
Completion Date
Confidential Information
Control Rights
Costs Order
Court
Defined Proceedings
Dispute
Effective Date
Enforcement Proceedings
Event of Default
Expert
Final Resolution
Funding Amount
Funding Commitment
Funding Installment
Insurance Policy
Legal Costs
Litigation Strategy
Material Adverse Change
Non-Disclosure Agreement
Power of Attorney
Priority Agreement
Proceeds Account
Professional Advisor
Prohibited Activity
Recovery
Related Rights
Reserved Rights
Security Interest
Settlement
Success Fee
Termination Event
Third Party Funding Code
Transaction Documents
Underlying Documents
Success Fee
Payment Terms
Control Rights
Information Rights
Confidentiality
Representations and Warranties
Claimant Obligations
Funder Obligations
Costs and Expenses
Settlement Authority
Termination Rights
Assignment
Security Interest
Priority
Insurance
Anti-Money Laundering
Regulatory Compliance
Conflicts of Interest
Legal Privilege
Document Retention
Force Majeure
Governing Law
Dispute Resolution
Notices
Further Assurance
Severability
Entire Agreement
Amendments
Third Party Rights
Waiver
Counterparts
Financial Services
Insurance
Legal Services
Manufacturing
Construction
Technology
Healthcare
Energy
Real Estate
Mining
Transportation
Retail
Professional Services
Telecommunications
Legal
Finance
Compliance
Risk Management
Treasury
Corporate Development
Litigation
Investment
Operations
Strategy
Chief Legal Officer
General Counsel
Legal Director
Chief Financial Officer
Finance Director
Risk Manager
Compliance Officer
Litigation Manager
Investment Manager
Claims Manager
Corporate Counsel
Legal Operations Manager
Treasury Manager
Business Development Director
Portfolio Manager
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