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Forward Funding Agreement
"I need a Forward Funding Agreement under Nigerian law for a mixed-use development project in Lagos, with a funding value of $50 million and particular emphasis on environmental compliance and local content requirements, targeting completion by March 2025."
1. Parties: Identification of the Funder and Developer/Owner, including registration details and addresses
2. Background: Context of the development project, property details, and purpose of the forward funding arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Conditions Precedent: Prerequisites to be satisfied before the funding obligation becomes effective
5. Property and Development Details: Specific details of the property and proposed development
6. Funding Obligations: Terms and conditions of the funding, including amount, drawdown mechanics, and timing
7. Development Obligations: Developer's obligations regarding construction, timeline, and quality standards
8. Payment Provisions: Payment mechanics, milestone payments, and financial procedures
9. Construction Monitoring: Rights and procedures for monitoring construction progress
10. Warranties and Representations: Standard and specific warranties from both parties
11. Security Arrangements: Security package and enforcement mechanisms
12. Completion Requirements: Conditions and certification of practical completion
13. Default and Remedies: Events of default and corresponding remedies
14. Termination: Termination events and consequences
15. Governing Law and Jurisdiction: Nigerian law as governing law and jurisdiction provisions
1. Step-In Rights: Optional provisions allowing the funder to take over the development in case of developer default
2. Environmental Compliance: Specific provisions regarding environmental regulations and compliance, necessary if the development has significant environmental impact
3. Local Content Requirements: Provisions addressing Nigerian local content requirements, necessary for certain types of developments
4. Pre-letting Arrangements: Provisions regarding pre-letting or pre-sales, if applicable to the development
5. Joint Venture Provisions: Additional provisions if the development is structured as a joint venture
6. Force Majeure: Detailed force majeure provisions, particularly relevant in complex developments
7. Anti-corruption Provisions: Enhanced anti-corruption provisions beyond standard clauses, particularly important for international funders
1. Property Description: Detailed legal and technical description of the property
2. Development Specifications: Detailed specifications of the proposed development
3. Payment Schedule: Detailed breakdown of payment milestones and amounts
4. Form of Drawdown Notice: Template for drawdown requests
5. Form of Collateral Warranties: Standard forms of collateral warranties from contractors and consultants
6. Construction Program: Detailed construction timeline and milestones
7. Form of Practical Completion Certificate: Template for completion certification
8. Security Documents: Forms of security documents and guarantees
9. Required Approvals: List of required regulatory and planning approvals
10. Professional Team Appointments: Details of key professional appointments
Authors
Real Estate
Construction
Banking & Finance
Infrastructure Development
Commercial Property
Retail Development
Industrial Development
Hospitality
Healthcare Facilities
Educational Facilities
Mixed-Use Development
Legal
Finance
Real Estate
Development
Risk & Compliance
Construction
Investment
Treasury
Commercial
Property Management
Real Estate Director
Development Manager
Investment Manager
Chief Financial Officer
Legal Counsel
Project Manager
Construction Manager
Risk Manager
Finance Director
Property Director
Commercial Director
Investment Analyst
Development Director
Compliance Officer
Treasury Manager
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