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Project Financing Agreement Template for Nigeria

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Key Requirements PROMPT example:

Project Financing Agreement

"I need a Project Financing Agreement for a $150M solar power plant in Lagos State, Nigeria, to be financed by a consortium of international development banks, with anticipated financial close by March 2025 and including specific provisions for renewable energy requirements and local content compliance."

Document background
The Project Financing Agreement is a crucial document used in Nigeria when implementing large-scale projects that require significant capital investment through limited or non-recourse financing structures. This agreement is essential for projects where the financing is primarily secured by the project's assets and cash flows rather than the sponsors' balance sheets. It must comply with Nigerian legislation including the Banks and Other Financial Institutions Act, Investment and Securities Act, and relevant sector-specific regulations. The agreement typically includes detailed provisions for facility terms, security arrangements, conditions precedent, project undertakings, and monitoring requirements. It is particularly important in Nigeria's developing economy context, where infrastructure and industrial projects often require structured financing solutions that align with both local regulatory requirements and international banking standards.
Suggested Sections

1. Parties: Identification of all parties to the agreement including lenders, borrowers, sponsors, and security trustees

2. Background: Context of the project financing, including project description and financing purpose

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

4. The Facility: Details of the loan facility including amount, purpose, and availability period

5. Conditions Precedent: Conditions that must be satisfied before drawdown of the facility

6. Drawdown Procedures: Process and requirements for requesting and making drawdowns

7. Repayment and Prepayment: Terms for scheduled repayments and voluntary/mandatory prepayments

8. Interest and Fees: Interest calculation, payment periods, default interest, and all applicable fees

9. Security: Security package details and enforcement mechanisms

10. Representations and Warranties: Statements of fact and assurances given by the borrower/sponsor

11. Covenants: Positive and negative undertakings by the borrower/sponsor

12. Project Undertakings: Specific commitments relating to project construction, operation and maintenance

13. Events of Default: Circumstances constituting default and consequences

14. Changes to Parties: Provisions for transfer, assignment, and syndication

15. Administration: Administrative provisions including notices and calculations

16. Governing Law and Jurisdiction: Choice of Nigerian law and jurisdiction provisions

17. Execution: Signature blocks and execution formalities

Optional Sections

1. Intercreditor Provisions: Required when multiple lenders or classes of debt are involved, establishing priority and voting rights

2. Political Risk Insurance: Included when political risk insurance is part of the security package

3. Environmental and Social Requirements: Detailed section required for projects with significant environmental or social impacts

4. Islamic Finance Provisions: Required when Islamic finance facilities are part of the financing structure

5. Local Content Requirements: Detailed section needed for projects in sectors with specific Nigerian local content requirements

6. Government Support: Include when government guarantees or support agreements are part of the structure

7. Export Credit Agency Provisions: Required when export credit agencies are involved in the financing

8. Step-in Rights: Detailed provisions required for projects where lender step-in rights are critical

9. Currency Provisions: Extended provisions needed when multiple currencies are involved

Suggested Schedules

1. Project Description: Detailed technical description of the project

2. Form of Drawdown Request: Standard form for drawdown requests

3. Repayment Schedule: Detailed amortization schedule

4. Security Documents: Forms of security documents and security perfection requirements

5. Conditions Precedent Documents: List of required conditions precedent documents

6. Financial Covenants: Detailed financial ratios and calculations

7. Project Documents: List and copies of key project documents

8. Insurance Requirements: Detailed insurance requirements and specifications

9. Form of Transfer Certificate: Standard form for transfer of loan participations

10. Financial Model: Agreed base case financial model

11. Environmental and Social Management Plan: Detailed environmental and social requirements and monitoring plan

12. Construction Schedule: Detailed construction milestones and timeline

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Infrastructure

Power and Energy

Oil and Gas

Transportation

Telecommunications

Real Estate Development

Mining

Manufacturing

Agriculture and Agribusiness

Healthcare

Education

Water and Waste Management

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Project Development

Commercial

Credit

Operations

Corporate Finance

Investment Banking

Project Management Office

Technical Services

Relevant Roles

Chief Financial Officer

Finance Director

Project Finance Manager

Legal Counsel

Project Director

Risk Manager

Treasury Manager

Compliance Officer

Commercial Director

Investment Officer

Senior Banker

Project Development Manager

Infrastructure Finance Specialist

Credit Risk Officer

Corporate Finance 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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