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Development Funding Agreement
"I need a Development Funding Agreement governed by South African law for a R50 million renewable energy project in Cape Town, with quarterly disbursements starting March 2025 and including specific provisions for BEE compliance and local community involvement."
1. Parties: Identification of the funder(s) and funding recipient, including registration details and addresses
2. Background: Context of the funding arrangement, project overview, and purpose of the agreement
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and interpretation rules
4. Funding Amount and Purpose: Specification of the funding amount, currency, and permitted uses of funds
5. Conditions Precedent: Conditions that must be satisfied before funding becomes available
6. Disbursement Mechanics: Process and requirements for drawing down funds
7. Project Milestones and Deliverables: Key project stages, completion requirements, and timeline
8. Representations and Warranties: Statements of fact and assurances from the funding recipient
9. Covenants: Ongoing obligations of the funding recipient throughout the project
10. Monitoring and Reporting: Requirements for project progress reports and financial statements
11. Events of Default: Circumstances constituting default and consequences
12. Remedies: Rights and remedies available to the funder in case of default
13. Term and Termination: Duration of the agreement and termination provisions
14. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Security Arrangements: Details of any security or guarantees required - include if funding is secured
2. Interest and Fees: Include if the funding attracts interest or administration fees
3. Multiple Funder Provisions: Required when there are multiple funders, addressing ranking and decision-making
4. BEE Compliance: Specific provisions regarding Black Economic Empowerment requirements if applicable
5. Construction and Development Specifications: Detailed requirements for construction/development projects
6. Environmental Compliance: Environmental obligations and warranties if project has environmental impact
7. Intellectual Property: IP provisions if the project involves development of intellectual property
8. Employment and Local Content: Requirements for local employment and content if specified by funder or regulations
1. Project Description: Detailed description of the development project
2. Disbursement Schedule: Timeline and conditions for fund disbursements
3. Project Milestones: Detailed project milestones and completion criteria
4. Required Authorizations: List of required permits, licenses, and regulatory approvals
5. Form of Drawdown Notice: Template for requesting disbursements
6. Reporting Requirements: Templates and specifications for required reports
7. Security Documents: Forms of security documents if applicable
8. Key Personnel: List of key project team members and their roles
9. Technical Specifications: Detailed technical requirements for the project
10. Budget and Financial Model: Detailed project budget and financial projections
Authors
Affiliate
Agreement
Applicable Laws
Authorizations
Available Facility
B-BBEE
B-BBEE Act
Business Day
Change in Control
Completion Date
Conditions Precedent
Construction Contract
Construction Period
Default
Default Interest
Development Period
Development Plan
Development Property
Disbursement
Disbursement Date
Disbursement Request
Drawing
Effective Date
Environmental Laws
Event of Default
Facility
Final Repayment Date
Finance Documents
Financial Close
Financial Indebtedness
Financial Year
Force Majeure
Funding Amount
Good Industry Practice
Governmental Authority
Guarantee
Implementation Schedule
Independent Technical Expert
Interest Period
Interest Rate
Material Adverse Effect
Material Contract
Milestone
Milestone Date
Outstanding Amount
Permitted Purpose
Project
Project Account
Project Budget
Project Costs
Project Documents
Project Manager
Project Plan
Project Site
Property
Reporting Period
Required Authorizations
Security
Security Documents
Signature Date
Special Purpose Vehicle
Specified Event
Technical Specifications
Term
Transaction Documents
Works
Facility and Purpose
Conditions Precedent
Disbursement
Interest and Fees
Repayment
Security
Representations and Warranties
Covenants
Project Implementation
Construction Requirements
Development Obligations
Environmental Compliance
Health and Safety
B-BBEE Compliance
Monitoring and Reporting
Information Undertakings
Financial Covenants
Events of Default
Remedies
Force Majeure
Change in Law
Assignment and Transfer
Confidentiality
Data Protection
Anti-Corruption
Sanctions Compliance
Dispute Resolution
Governing Law
Notices
Amendment and Waiver
Severability
Entire Agreement
Counterparts
Term and Termination
Insurance
Intellectual Property
Local Content Requirements
Employment Obligations
Indemnification
Cost and Expenses
Real Estate Development
Infrastructure
Construction
Renewable Energy
Mining
Agriculture
Manufacturing
Technology
Healthcare
Education
Tourism
Industrial Development
Urban Development
Township Development
Legal
Finance
Risk Management
Compliance
Project Management
Development
Investment
Treasury
Construction
Technical
Commercial
Operations
Chief Financial Officer
Finance Director
Project Manager
Development Director
Legal Counsel
Investment Manager
Risk Manager
Compliance Officer
Project Finance Manager
Development Manager
Construction Manager
Investment Analyst
Financial Controller
Treasury Manager
Corporate Lawyer
Commercial Director
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