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Funding Agreement for Philippines

Funding Agreement Template for Philippines

A comprehensive legal document governed by Philippine law that establishes the terms and conditions under which funding is provided from one party to another. It details the funding amount, disbursement conditions, repayment terms, security arrangements, representations and warranties, covenants, and default provisions. The agreement must comply with Philippine civil and commercial laws, including the Civil Code, Corporation Code, and relevant securities regulations. It typically includes provisions for regulatory compliance, reporting requirements, and specific protections for both the funding provider and recipient.

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What is a Funding Agreement?

The Funding Agreement is a crucial legal instrument used in the Philippines when one party seeks to obtain funding from another, whether through debt, equity, or hybrid arrangements. This document is essential for both institutional and private funding transactions, providing a detailed framework for the funding relationship while ensuring compliance with Philippine legal requirements, including the Civil Code, Corporation Code, and Securities Regulation Code. The agreement typically outlines funding terms, conditions precedent, disbursement mechanisms, covenants, reporting requirements, and default provisions. It's particularly important in contexts ranging from startup investments to corporate financing, and must account for specific Philippine regulatory requirements, including those from the Securities and Exchange Commission and, where applicable, the Bangko Sentral ng Pilipinas.

What sections should be included in a Funding Agreement?

1. Parties: Identification of the funding provider and recipient, including their complete legal names, addresses, and registration details

2. Background: Context of the funding arrangement, purpose of funding, and brief description of the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Funding Amount and Terms: Specification of the funding amount, type of funding (debt/equity/hybrid), and key financial terms

5. Disbursement: Conditions precedent to disbursement, disbursement mechanics, and schedule

6. Representations and Warranties: Standard and specific representations and warranties from both parties

7. Covenants: Positive and negative covenants applicable to the funding recipient

8. Reporting Requirements: Financial and operational reporting obligations of the recipient

9. Events of Default: Circumstances constituting default and consequences

10. Remedies: Rights and remedies available to parties in case of default or breach

11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction details

12. Miscellaneous: Standard boilerplate provisions including notices, amendments, assignments, etc.

What sections are optional to include in a Funding Agreement?

1. Security: Required if the funding is secured by collateral or guarantees

2. Interest and Fees: Needed for debt-based funding arrangements

3. Conversion Rights: Required for convertible instruments or hybrid securities

4. Board Rights: Necessary if funding includes governance rights or board representation

5. Exit Rights: Important for equity-based funding with specific exit mechanisms

6. Anti-Dilution Protection: Required for equity investments to protect against future dilution

7. Regulatory Compliance: Needed if specific regulatory requirements apply to the funding

8. Tax Provisions: Required if specific tax arrangements or implications need to be addressed

What schedules should be included in a Funding Agreement?

1. Schedule 1 - Funding Details: Detailed breakdown of funding amount, tranches, and payment mechanics

2. Schedule 2 - Conditions Precedent: Complete list of conditions that must be satisfied before disbursement

3. Schedule 3 - Form of Drawdown Notice: Template for requesting disbursement of funds

4. Schedule 4 - Security Details: Description of any security or collateral provided

5. Schedule 5 - Required Reports: Templates and specifications for required financial and operational reports

6. Schedule 6 - Corporate Information: Detailed corporate information of the funding recipient

7. Schedule 7 - Compliance Certificates: Templates for ongoing compliance certifications

8. Appendix A - Relevant Corporate Approvals: Copies of board resolutions and other corporate approvals

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions







































Clauses






























Relevant Industries

Financial Services

Technology

Real Estate

Manufacturing

Agriculture

Healthcare

Education

Energy

Infrastructure

Retail

Transportation

Telecommunications

Mining

Construction

Tourism

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretariat

Business Development

Investment

Executive Management

Corporate Affairs

Relevant Roles

Chief Financial Officer

Finance Director

Investment Manager

Legal Counsel

Corporate Secretary

Treasury Manager

Compliance Officer

Chief Executive Officer

Business Development Manager

Risk Manager

Investment Analyst

Corporate Lawyer

Financial Controller

Fund Manager

Managing Director

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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