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Litigation Funding Agreement
"I need a Litigation Funding Agreement under Irish law for funding a group of tech company shareholders in a corporate dispute, with a funding commitment of €5 million and ATE insurance requirements included."
1. Parties: Identification of the Funder and the Funded Party (and any other relevant parties)
2. Background: Context of the litigation, purpose of the funding arrangement, and confirmation of independent legal advice
3. Definitions and Interpretation: Definitions of key terms including 'Claim', 'Proceeds', 'Success Fee', 'Legal Costs', etc.
4. Conditions Precedent: Conditions that must be satisfied before the funding obligation becomes effective
5. Funding Commitment: Details of the funding amount, drawdown procedures, and funding limitations
6. Return on Investment: Calculation and payment of the funder's return, including priority of payments from proceeds
7. Conduct of the Litigation: Rights and obligations regarding litigation strategy, settlement, and decision-making
8. Representations and Warranties: Key statements by the funded party about the claim and their circumstances
9. Confidentiality and Data Protection: Obligations regarding confidential information and personal data handling
10. Termination: Circumstances allowing termination and consequences of termination
11. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.
1. Security Arrangements: Required when the funded party is providing security over the claim or proceeds
2. After the Event Insurance: Include when ATE insurance is part of the funding arrangement
3. Legal Team Arrangements: Required when specific arrangements with lawyers need to be documented
4. Multiple Claimant Provisions: Include for group litigation or multiple claimant scenarios
5. Cross-Border Provisions: Required when litigation involves multiple jurisdictions
6. Assignment and Syndication: Include when the funder may want to assign or syndicate their investment
7. Priority and Intercreditor Provisions: Required when there are multiple funders or competing interests
1. Schedule 1 - The Claim: Detailed description of the litigation claim being funded
2. Schedule 2 - Funding Commitment: Detailed budget and drawdown schedule for the funding
3. Schedule 3 - Success Fee Calculation: Detailed methodology for calculating the funder's return
4. Schedule 4 - Lawyers' Terms of Engagement: Key terms of the legal team's engagement
5. Schedule 5 - Case Strategy: Initial litigation strategy and key milestones
6. Schedule 6 - Adverse Costs Insurance: Details of ATE insurance coverage (if applicable)
7. Schedule 7 - Reporting Requirements: Format and frequency of case progress reports
8. Appendix A - Form of Drawdown Notice: Template for requesting funding drawdowns
9. Appendix B - Form of Progress Report: Template for regular case progress reports
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Financial Services
Insurance
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Technology
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Retail
Professional Services
Transportation
Agriculture
Legal
Finance
Risk Management
Compliance
Investment
Corporate Development
Litigation
Business Affairs
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Treasury
Chief Legal Officer
General Counsel
Legal Director
Chief Financial Officer
Finance Director
Risk Manager
Compliance Officer
Investment Manager
Portfolio Manager
Claims Manager
Litigation Counsel
Corporate Counsel
Legal Operations Manager
Chief Risk Officer
Business Development Director
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