The Equity Commitment Letter is a crucial document in Philippine business transactions where formal confirmation of equity funding is required. It is commonly used in project finance, corporate acquisitions, and business expansions where investors or sponsors need to demonstrate their firm commitment to provide equity capital. The document typically precedes the full investment agreement and serves as a binding undertaking that can be enforced under Philippine law. An Equity Commitment Letter must comply with local corporate and securities regulations, including the Corporation Code, Securities Regulation Code, and where applicable, foreign investment restrictions. It's particularly important in scenarios where multiple stakeholders, such as lenders or regulators, require assurance about the availability and commitment of equity funding before proceeding with a transaction or project.
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1. Date and Addresses: Opening of the letter with date and proper addresses of both the sender and recipient
2. Salutation: Formal greeting to the recipient
3. Reference Line: Clear reference to the transaction or project for which the equity commitment is being made
4. Introduction: Brief introduction identifying the parties and the context of the equity commitment
5. Commitment Amount: Clear statement of the exact amount of equity being committed
6. Purpose: Specific purpose for which the equity commitment is being made
7. Funding Conditions: Key conditions that must be met before the equity commitment will be funded
8. Timing: Timeline for when the equity commitment will be funded
9. Termination Provisions: Circumstances under which the commitment may be terminated
10. Governing Law: Statement that the letter is governed by Philippine law
11. Closing and Signature: Formal closing, signature blocks, and execution requirements
1. Source of Funds: Section detailing the source of committed funds, particularly relevant when required for regulatory compliance or anti-money laundering purposes
2. Assignment Rights: Section specifying whether the commitment can be assigned to other parties, included when transfer rights are contemplated
3. Confidentiality: Section addressing confidentiality obligations, included when the commitment involves sensitive information
4. Regulatory Approvals: Section detailing required regulatory approvals, included when the investment requires governmental or regulatory clearance
5. Currency Provisions: Section addressing currency conversion and exchange rates, included for cross-border transactions
6. Representations and Warranties: Basic representations about the capacity to make and fulfill the commitment, included for more formal or larger commitments
1. Proof of Funds: Documentation evidencing the availability of funds for the commitment
2. Corporate Authorizations: Relevant corporate approvals or board resolutions authorizing the commitment
3. Investment Structure Chart: Diagram showing the structure of the investment, if complex
4. Key Terms Summary: Summary of key terms of the underlying transaction or project being funded
Relevant legal definitions
Clauses
Relevant Industries
Infrastructure
Real Estate Development
Energy and Utilities
Manufacturing
Technology and Communications
Financial Services
Healthcare
Mining and Natural Resources
Transportation
Retail and Consumer Goods
Renewable Energy
Agriculture and Food Processing
Relevant Teams
Legal
Finance
Corporate Development
Investment
Treasury
Compliance
Risk Management
Corporate Secretariat
Business Development
Project Finance
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Investment Director
Corporate Finance Manager
Project Finance Manager
Legal Counsel
Corporate Secretary
Investment Manager
Managing Director
Finance Director
Business Development Director
Risk Manager
Compliance Officer
Treasury Manager
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