The Project Finance Contract is essential for structuring complex infrastructure and development project financing. It is particularly utilized when significant capital investment is required and project assets serve as primary security. Under English and Welsh law, this contract type provides a robust framework for risk allocation, security arrangements, and stakeholder rights. The document typically includes detailed provisions for drawdown conditions, covenant packages, security structures, and event of default scenarios, making it suitable for large-scale international projects requiring sophisticated financing arrangements.
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1. Parties: Identifies all parties to the agreement including sponsors, lenders, and project company
2. Background: Sets out the context and purpose of the project financing
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Facility and Purpose: Details of the financing facility and permitted uses
5. Conditions Precedent: Prerequisites for drawdown of funds
6. Representations and Warranties: Standard and project-specific representations
7. Covenants: Positive and negative undertakings by borrower
8. Events of Default: Circumstances triggering default and remedies
1. Intercreditor Provisions: Required when multiple lenders are involved in the project financing structure
2. Step-in Rights: Provisions allowing lenders to take control of the project in certain circumstances, typically used in complex infrastructure projects
3. Political Risk Insurance: Specific provisions relating to insurance requirements for political risks, particularly relevant for international projects
1. Form of Drawdown Request: Standard form for requesting disbursements under the facility
2. Financial Model: Detailed financial projections and assumptions for the project
3. Security Documents: Forms of security agreements and guarantees required for the financing
4. Project Documents: Key contracts and agreements relating to the project's implementation
5. Insurance Requirements: Detailed insurance obligations and specifications
6. Technical Description: Detailed technical specifications and scope of the project
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