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Forward Funding Agreement Template for Canada

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Key Requirements PROMPT example:

Forward Funding Agreement

"I need a Forward Funding Agreement for a mixed-use development project in Vancouver, British Columbia, with a purchase price of CAD 50 million, where the development includes specific sustainability requirements and LEED certification obligations."

Document background
Forward Funding Agreements are essential instruments in Canadian real estate development, typically used when a developer requires funding for a construction project and a funder is willing to commit to purchasing the completed development. These agreements are particularly relevant in large-scale commercial, residential, or mixed-use development projects where traditional financing methods may not be suitable. The Forward Funding Agreement establishes the entire framework of the development funding relationship, including payment structures, construction requirements, quality standards, and risk allocation. It must comply with Canadian federal and provincial regulations regarding financial services, securities, and property law. The document is crucial for projects requiring substantial upfront funding and provides security for both the developer's construction obligations and the funder's purchase commitment. This type of agreement is commonly used in major urban centers across Canada where significant development projects are undertaken.
Suggested Sections

1. Parties: Identification of the Funder, Developer, and any guarantors

2. Background: Context of the development project, parties' intentions, and basic transaction structure

3. Definitions and Interpretation: Key terms used throughout the agreement and interpretation principles

4. Project Description: Detailed description of the development project and property

5. Conditions Precedent: Prerequisites for the agreement becoming fully effective

6. Purchase Price and Payment Structure: Total funding amount, payment mechanisms, and drawdown procedures

7. Development Obligations: Developer's obligations regarding construction and development

8. Funding Obligations: Funder's obligations regarding provision of funds and timing

9. Construction Requirements: Specifications, timeline, and quality standards for construction

10. Monitoring and Reporting: Progress reporting requirements and funder's inspection rights

11. Warranties and Representations: Standard and specific warranties from all parties

12. Security Arrangements: Security package details including charges, guarantees, and bonds

13. Risk Allocation: Distribution of risks between parties including cost overruns and delays

14. Insurance: Required insurance coverage and claim procedures

15. Default and Remedies: Events of default and corresponding remedies

16. Termination: Termination events and consequences

17. Boilerplate Provisions: Standard legal provisions including notices, assignment, and governing law

Optional Sections

1. Pre-let Requirements: Used when the development requires certain pre-let conditions to be met

2. Planning Conditions: Included when specific planning permissions are still pending

3. Environmental Provisions: Required when there are significant environmental considerations or risks

4. Third Party Rights: Needed when third parties have specific rights or obligations related to the development

5. Step-in Rights: Included when the funder requires rights to take over the development

6. Sales and Marketing: Required when the agreement includes provisions about property marketing and sales

7. Value Enhancement Provisions: Used when there are specific provisions for sharing enhanced value

8. Multiple Phase Provisions: Included for developments with multiple phases or stages

Suggested Schedules

1. Property Description: Detailed legal description of the development property

2. Development Program: Detailed construction timeline and milestones

3. Payment Schedule: Detailed breakdown of payment amounts and timing

4. Development Specifications: Technical specifications and quality standards

5. Form of Collateral Warranties: Standard forms for contractor and consultant warranties

6. Professional Team: Details of approved contractors and consultants

7. Forms of Security Documents: Templates for guarantees, bonds, and other security documents

8. Drawdown Requirements: Detailed procedures and requirements for funding drawdowns

9. Planning Permissions: Copies or details of relevant planning permissions

10. Cost Plan: Detailed budget and cost breakdown

11. Form of Progress Report: Template for required progress reports

12. Insurance Requirements: Detailed insurance specifications and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
























































Clauses












































Relevant Industries

Real Estate

Construction

Financial Services

Commercial Property

Retail Development

Industrial Development

Infrastructure

Urban Development

Mixed-use Development

Healthcare Facilities

Educational Facilities

Relevant Teams

Legal

Finance

Real Estate

Development

Construction

Risk Management

Investment

Treasury

Commercial

Project Management

Property Management

Asset Management

Relevant Roles

Development Director

Chief Financial Officer

Real Estate Manager

Construction Manager

Project Manager

Legal Counsel

Investment Manager

Risk Manager

Finance Director

Property Director

Commercial Director

Development Manager

Fund Manager

Asset Manager

Quantity Surveyor

Senior Counsel

Treasury Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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