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Forward Funding Agreement Template for Nigeria

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Key Requirements PROMPT example:

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."

Document background
The Forward Funding Agreement is a crucial document in Nigerian property development, used when a funder agrees to finance a development project from its inception. This agreement is particularly relevant in situations where traditional development financing may not be suitable or where investors seek early involvement in development projects. The document encompasses all aspects of the development funding relationship, including detailed provisions for funding releases, development obligations, security arrangements, and completion requirements. It must comply with Nigerian investment laws, land use regulations, and banking requirements while providing adequate protection for all parties. The agreement is especially important in the Nigerian context where property development often requires significant upfront funding and careful structuring of security arrangements. It typically includes provisions for local content requirements and addresses specific challenges in the Nigerian development landscape.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Banking & Finance

Infrastructure Development

Commercial Property

Retail Development

Industrial Development

Hospitality

Healthcare Facilities

Educational Facilities

Mixed-Use Development

Relevant Teams

Legal

Finance

Real Estate

Development

Risk & Compliance

Construction

Investment

Treasury

Commercial

Property Management

Relevant Roles

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

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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