The Funding Agreement is a critical document used when one party seeks to provide financial support to another under specific terms and conditions. This agreement type is commonly used in the United States across various contexts, from venture capital investments to charitable grants. A well-drafted Funding Agreement protects both parties by clearly defining the funding relationship, including amount, purpose, disbursement schedule, and any obligations or restrictions. It ensures compliance with relevant U.S. federal and state regulations while providing a framework for monitoring and enforcement of the funding terms.
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1. Parties: Identifies all parties to the funding agreement, including legal names and addresses
2. Background/Recitals: Sets out the context and purpose of the funding arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Amount and Purpose of Funding: Specifies the funding amount and its intended use
5. Disbursement Terms: Details how and when funds will be released
6. Conditions Precedent: Conditions that must be met before funding is provided
7. Representations and Warranties: Standard assurances from both parties
8. Covenants: Ongoing obligations of the parties
9. Events of Default: Circumstances constituting default and consequences
10. Term and Termination: Duration of agreement and termination provisions
1. Security Provisions: Required if funding is secured against assets. Include when security is required for the funding
2. Interest and Fees: Terms for interest payments and additional fees. Include when funding includes interest or fee components
3. Conversion Rights: Rights to convert funding into equity. Include for convertible funding arrangements
4. Reporting Requirements: Specific reporting obligations. Include when ongoing monitoring is required
1. Disbursement Schedule: Detailed timeline and conditions for fund releases
2. Use of Funds Schedule: Detailed breakdown of how funds will be used
3. Security Documents: Details of any security arrangements
4. Form of Drawdown Notice: Template for requesting fund disbursements
5. Compliance Certificates: Templates for ongoing compliance certification
6. Required Insurance: Details of insurance requirements and coverage
Relevant legal definitions
Agreement
Advance
Applicable Law
Business Day
Closing Date
Conditions Precedent
Confidential Information
Default
Default Rate
Disbursement
Disbursement Date
Drawdown Notice
Effective Date
Encumbrance
Event of Default
Facility
Force Majeure
Funding Amount
Funding Period
Funding Purpose
Governing Law
Interest Rate
Material Adverse Effect
Parties
Payment Date
Project
Recipient
Repayment Date
Representatives
Security
Security Documents
Term
Transaction Documents
Use of Proceeds
Warranties
Clauses
Funding Amount and Purpose
Disbursement
Conditions Precedent
Representations and Warranties
Covenants
Security
Interest and Fees
Repayment
Events of Default
Remedies
Confidentiality
Reporting Requirements
Monitoring Rights
Use of Proceeds
Assignment and Transfer
Amendments and Waivers
Notices
Force Majeure
Termination
Governing Law
Dispute Resolution
Indemnification
Costs and Expenses
Survival
Severability
Entire Agreement
Counterparts
Further Assurance
Taxes
Insurance
Relevant Industries
Relevant Teams
Relevant Roles
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