In addition to the agreement of the counterparty who does not have the right to terminate if it has the right to do so in accordance with the project document, it will also accept that the intervention process may be initiated by lenders who respond to a notification of failure of the project company under the facility agreement, since the guarantee or acceleration of the loan is assured. Direct agreements generally contain provisions on the following issues: A direct agreement is an agreement that gives funders direct rights to certain important documents of the project. These rights are explained in direct agreements in project financing operations – turnkey provisions. Direct negotiations between Israel and the Palestinians (2010-2011) – Benyamin Netanyahu, Mahmoud Abbas, George J. Mitchell and Hillary Clinton at the start of direct talks on September 2, 2010. Since September 2010, direct negotiations have taken place between Israel and the Palestinian Authority,… … Wikipedia In addition to this security, project lenders generally expect direct contractual relationships with counterparties with key project documents. This goal is achieved through direct agreements. The ability of lenders to terminate, during the specified period or after a failure under the facility agreement, the possibility of designating a company that will assume the rights and obligations of the project company in the project document; By Katie Liszka If direct agreements are used in project financing operations to protect lenders, the project should be in trouble.
These are contractual mechanisms that allow lenders to follow in the footsteps of the project company (the borrower) and take over the project and/or find a replacement unit to continue the project. The parties to the direct agreement include the project company itself and the consideration for the project document for which the direct agreement is a security. ]]] > direct agreements are also commonly referred to as “tripartite agreements,” reflecting the fact that it is an agreement between three parties, i.e., a direct agreement often involves changes to the underlying documents of the project. This is particularly the case for concession contracts in which the project company obtains the concession before the lenders make a strong commitment. Funding often follows the award of the concession and lenders may require changes to the risk allocation in the concession contract in order to make the project bankable. If necessary, a direct agreement may include clauses in which the consideration of the project document accepts the collection or transfer by the security of the rights of the project company, in accordance with the project document. To intervene, it is indicated, during the specified period, that the lenders have assigned a representative for the infringement and the management of the project document. The third party then only has to deal with the designated representative and not with the project company.
This situation is legally affected by the project company and the representative appointed as co-debtor and jointly responsible for the obligations of the project company. This is usually done in this way, because the stage is usually only a temporary state and the aim is not to permanently transfer the rights and obligations of the project company through divestment or innovation.