Contents

 

 

 

Foreword

About the Author

List of Contributors

Acknowledgements

A Note From the Author

Introduction

1 Underlying Rights

Financing Intellectual Property Rights

The Chain of Title Opinion

Sample Chain of Title Opinion Letter

Sample Chain of Title Documents

Certificate of Authorship

Short Form Option Agreement

Short Form Assignment Agreement

Quit Claim and Notice of Ownership of Copyright and Other Rights

2 Co-productions (Alan Harris)

Introduction

Official Co-production Treaties

European Convention

Co-production Agreement

3 Banking the Deal (Rob Sherr)

Introduction

Getting to the Term Sheet

From Term Sheet to Cash Flow Forecast

From Cash Flow Forecast to Commitment

Closing Time

4 Banking Documents (Lucy Walker and Philip Alberstat)

Banks and Security Documents — An Introduction

Registration of Security

Bank Facility Letter

Charge and Assignment

Letter of Credit

Notice of Assignment and Irrevocable Payment Instruction

Notes to the Agreement

Acknowledgement of Notice of Assignment

Notes to the Agreement

Laboratory Pledgeholder's Agreement

5 The Interparty Agreement

Introduction

Sample Agreement

6 The Completion Guarantee

Completion Guarantees

Application Requirements

Documentation

The Guarantee

Liability of the Completion Guarantor

Payments under the Guarantee

Force Majeure

Abandonment

Cut Through

The Completion Agreement

Completion Guarantors

How to Find Sample Completion Guarantor's Documents

Completion Bond Letter of Commitment

Film Finances' Sample Completion Guarantee

Film Finances' Sample Completion Agreement

7 Collection Agreements

Collection Agreements

Sample Agreement

8 Recoupment — Net Profits

Net Profits

Gross Receipts

Sample Recoupment Schedule

9 Gap Financing

Criteria for Gap Financing

Example 1 — Sales Agent Advance Against Sales

Example 2 — Gap Financing Deal (No Sales Agent Advance)

Sample Sales Estimates

10 Alternative Financing

Enterprise Investment Schemes (EIS)

Limited Liability Partnerships

Sale and Leaseback Transactions

Sale and Leaseback

Appendix A: Glossary of Film Production and Finance Terms

Appendix B: Helpful Websites and Recommended Reading

Appendix C: Example Errors and Omissions Cover Note

Index