Funder Direct Agreement

Project Agreement: The Project Agreement is the primary agreement for each PFI project and governs the relationship, rights and obligations between the Authority and Projectco throughout the duration of the Project. It can also be called a concession contract. In early PFI projects, it was common to enter into separate agreements for different phases of the project. B e.g. a development agreement for the design and construction phase and an operation or facilities management agreement for the operation phase. Nowadays, however, it is more common to have a single project agreement that covers all aspects of the project. The direct agreement of the lenders: This is a tripartite agreement between the authority, Projectco and the lenders, under which the authority undertakes to give the lenders a period of time to give the lenders notice of the imminent termination of the project agreement. This Agreement also provides lenders with the opportunity to intervene, either directly or through an agent or representative, to resolve the termination event or to find another party acceptable to the authority to assume Projectco`s rights and obligations under the Project Agreement. Equity investors: Lenders or project promoters who do not expect to play an active role in the project. In the case of lenders, in addition to lending by debt, they will hold an interest to obtain a better return if the project is successful. In most cases, any investment in the form of shares is associated with an agreement that allows the equity investor to sell their shares to the project promoter if the equity investor wishes to leave the project. The project promoter may also have the opportunity to buy back the shares. Financing agreements: The financing agreement is the main document between the lenders and Projectco and contains the terms of the financing of the project.

Lenders will also need a set of guarantees and guarantees to protect the funds lent. The loan agreement is explained in more detail in our separate OUT-LAW guide on key issues for lenders in project finance agreements. A direct agreement is a relatively short tripartite agreement. The primary purpose of a direct agreement is to allow the recipient under that direct agreement to assume the role of Project Co (either itself or through a designated representative) if Project Co has breached the key project contract to which the direct agreement relates, or, in the case of the direct funding agreement, Project Co has failed under the financial documents. Direct agreements are part of the security documentation required by donors under PFI and PF2 as well as other major projects. Except as expressly provided in this Agreement, this Agreement, the Direct Funder Agreement and other Project Documents to which both parties are parties constitute the entire agreement between the parties with respect to their subject matter and supersede all prior representations, notices, negotiations and agreements with respect to the subject matter of this Agreement, the Donor Direct Agreement and other Project Documents. This practical note examines the purpose of a direct agreement specifically in the context of a PFI or PF2 project. It deals with the various direct agreements that are generally granted and the operation of a direct agreement (including the examination of rights to intervene). It also explains the difference between direct agreements and guarantees guaranteed in the PFI and PF2 projects. Direct agreements, such as security guarantees, are agreements that have evolved and are now commonly entered into to protect the interests of third parties who have an interest in a construction project, but who are not necessarily parties to major project contracts that could affect their interests/investments. They are mainly concluded with donors in the context of project financing operations and are a standard feature of a funder`s security package.

They are also a feature of PFI projects, where the main parties usually enter into direct agreements with the donor(s) and the competent authority(ies). Regulatory guarantee agreements: These have emerged as an extension of the concept underlying the direct agreement of lenders. Ancillary agreements shall be concluded between the Authority and contractors entering into contracts with Projectco. If Projectco fails to meet its contractual obligations during the construction phase, the authority can ensure that the project is completed by taking the corresponding order from Projectco. In addition, the agency can accept Projectco`s operating contract when the project is terminated. The micrometeorological dataset includes average profile measurements of wind speed on 5 levels (1.7, 3.4, 7.1, 12.9 and 17.3 m), humidity and air temperature on 2 levels (3.6 and 14.5 m) and wind direction on one plane (18 m). Host governments/contracting entities: The government of the country where the project is based is likely to be involved in the issuance of permits and permits at the beginning and throughout the life of a project. The successful client is the sponsoring municipality that enters into the project agreement with Projectco. .