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Forward Funding Agreement Template for Denmark

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Forward Funding Agreement

Document background
The Forward Funding Agreement is utilized in Danish property development projects where an investor seeks to fund a development from its inception rather than purchasing a completed asset. This document is essential when institutional investors or funds wish to secure prime property assets early in their development cycle while developers require upfront funding for construction. The agreement, structured under Danish law, comprehensively addresses funding mechanics, development obligations, risk allocation, and completion requirements. It includes specific provisions for compliance with Danish construction regulations, planning laws, and property transfer requirements. The document is particularly relevant for large-scale commercial or residential developments where traditional funding approaches may not be suitable, and where early investor involvement is beneficial for project viability.
Suggested Sections

1. Parties: Identification of the funder and developer/seller, including company details and registration numbers

2. Background: Context of the agreement, including description of the development project and parties' intentions

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and interpretation rules

4. Land Acquisition: Terms regarding the acquisition of the development site, including conditions precedent

5. Development Obligations: Developer's obligations regarding the construction and completion of the project

6. Funding Provisions: Structure and timing of funding payments, including conditions for drawdown

7. Construction Program: Timeline, milestones, and completion requirements for the development

8. Variations and Changes: Process for managing and approving changes to the development specifications

9. Monitoring and Reporting: Funder's rights to monitor progress and developer's reporting obligations

10. Title and Risk: Transfer of title, risk allocation, and insurance requirements

11. Warranties and Representations: Parties' warranties regarding capacity, title, and project deliverability

12. Payment Mechanics: Detailed procedures for payment applications, certifications, and transfers

13. Practical Completion: Requirements and process for achieving practical completion

14. Defects Liability: Developer's obligations regarding defects and remediation post-completion

15. Default and Termination: Events of default, remedies, and termination provisions

16. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction

Optional Sections

1. Pre-letting Conditions: Required when the funding is conditional on securing pre-let agreements

2. Environmental Provisions: Specific environmental obligations and warranties when site has environmental concerns

3. Planning Conditions: Detailed planning-related obligations when planning permission is not yet secured

4. Third Party Rights: Provisions regarding third party rights when relevant to the development

5. Step-in Rights: Funder's rights to step in and complete the development in case of developer default

6. Value Added Tax: Specific VAT provisions when the transaction structure requires detailed VAT treatment

7. Forward Sale Provisions: When the agreement includes a pre-arranged forward sale to an end purchaser

8. Multi-phase Development: Additional provisions for projects delivered in multiple phases

Suggested Schedules

1. Property Description: Detailed description and plans of the development site

2. Development Specification: Detailed technical specifications for the development

3. Forms of Collateral Warranties: Template warranties from contractors and consultants

4. Payment Schedule: Detailed breakdown of funding payments and milestones

5. Construction Program: Detailed construction timeline and milestone dates

6. Professional Team: Details of appointed contractors, architects, and other consultants

7. Form of Payment Application: Template for developer's funding drawdown requests

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

9. Title Documents: Land registry extracts and title documentation

10. Insurance Requirements: Detailed specification of required insurance coverage

11. Environmental Reports: Environmental surveys and assessments

12. Form of Practical Completion Certificate: Template for certification of practical completion

Authors

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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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