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Revenue Based Financing Agreement
"I need a Revenue Based Financing Agreement for my Hong Kong SaaS company to secure HKD 5 million in funding, with a 5% revenue share until reaching a 1.8x return cap, including specific provisions for international revenue streams and early buyout options."
1. Parties: Identification of the financing provider and the recipient company
2. Background: Context of the financing arrangement and brief description of the business
3. Definitions and Interpretation: Key terms used in the agreement, including 'Revenue', 'Qualifying Revenue', 'Payment Period', and calculation methodologies
4. Amount and Purpose: The financing amount and specified use of funds
5. Revenue Share Calculation: Formula and methodology for calculating the revenue share payments
6. Payment Terms: Payment frequency, method, and procedures for revenue share payments
7. Reporting Requirements: Financial reporting obligations and revenue verification procedures
8. Representations and Warranties: Standard and specific declarations by both parties
9. Company Covenants: Ongoing obligations of the company regarding business operations and compliance
10. Events of Default: Circumstances constituting default and consequences
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of the agreement and termination provisions
13. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution
1. Security: Include when additional security or guarantees are required for the financing
2. Intellectual Property Rights: Include for technology companies or when IP is crucial to revenue generation
3. Change of Control: Include when restrictions on ownership changes are needed
4. Minimum Payment Guarantee: Include when a minimum return is guaranteed regardless of revenue performance
5. Early Buyout Option: Include when allowing the company to terminate the agreement early through a predetermined payment
6. International Payments: Include when revenue is generated in multiple jurisdictions
7. Data Protection: Include when sensitive personal or business data processing is involved
8. Subordination: Include when the financing needs to be subordinated to other debt
1. Revenue Calculation Methodology: Detailed explanation of revenue calculations, inclusions, and exclusions
2. Form of Revenue Report: Template for periodic revenue reporting
3. Payment Procedures: Detailed payment mechanics and bank account information
4. Financial Covenants: Specific financial metrics and thresholds to be maintained
5. Permitted Indebtedness: List of approved existing and future debt obligations
6. Required Insurance: Details of insurance coverage requirements
7. Form of Compliance Certificate: Template for periodic compliance certification
8. Initial Business Plan: Company's business plan and financial projections
Authors
Technology
E-commerce
Software as a Service (SaaS)
Digital Marketing
Online Retail
Subscription Services
Manufacturing
Food and Beverage
Professional Services
Healthcare Technology
Digital Entertainment
Financial Technology
Finance
Legal
Treasury
Compliance
Revenue Operations
Corporate Development
Business Development
Tax
Risk Management
Company Secretarial
Chief Financial Officer
Finance Director
Chief Executive Officer
Financial Controller
Treasury Manager
Corporate Counsel
Legal Director
Investment Manager
Business Development Director
Revenue Operations Manager
Compliance Officer
Company Secretary
Head of Finance
Commercial Director
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