Loi Funding Agreements are essential instruments in modern litigation finance, providing access to justice for parties who might otherwise be unable to pursue legitimate claims. These agreements, governed by English and Welsh law, detail the terms under which litigation funders will support legal proceedings, including funding commitments, return structures, and control mechanisms. They are particularly relevant in complex commercial litigation where significant funding is required, and must be carefully structured to comply with regulations and case law principles while protecting both funder and funded party interests.
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Key Requirements PROMPT example:
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
Authors
Relevant legal definitions
Adverse Costs
After the Event Insurance
Budget
Case Proceeds
Claim
Committed Funding
Completion
Confidential Information
Costs Order
Drawdown
Drawdown Notice
Funded Party
Funder
Funding Amount
Investment Return
Legal Representatives
Litigation
Material Adverse Change
Permitted Purpose
Priority Return
Proceedings
Project Plan
Return Date
Settlement
Success
Success Fee
Termination Event
Waterfall
Working Day
After the Event Insurance
Budget
Case Proceeds
Claim
Committed Funding
Completion
Confidential Information
Costs Order
Drawdown
Drawdown Notice
Funded Party
Funder
Funding Amount
Investment Return
Legal Representatives
Litigation
Material Adverse Change
Permitted Purpose
Priority Return
Proceedings
Project Plan
Return Date
Settlement
Success
Success Fee
Termination Event
Waterfall
Working Day
Clauses
Funding Commitment
Investment Return
Drawdown Conditions
Control Rights
Confidentiality
Termination
Settlement
Success Fee
Adverse Costs
Insurance Requirements
Information Rights
Representations and Warranties
Priority and Waterfall
Decision Making
Reporting Requirements
Assignment and Transfer
Costs and Expenses
Dispute Resolution
Force Majeure
Governing Law
Notices
Amendments
Severability
Entire Agreement
Third Party Rights
Change of Control
Material Adverse Change
Security and Collateral
Conflicts of Interest
Investment Return
Drawdown Conditions
Control Rights
Confidentiality
Termination
Settlement
Success Fee
Adverse Costs
Insurance Requirements
Information Rights
Representations and Warranties
Priority and Waterfall
Decision Making
Reporting Requirements
Assignment and Transfer
Costs and Expenses
Dispute Resolution
Force Majeure
Governing Law
Notices
Amendments
Severability
Entire Agreement
Third Party Rights
Change of Control
Material Adverse Change
Security and Collateral
Conflicts of Interest
Relevant Industries
Relevant Teams
Relevant Roles
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