In order for us to issue a completion guaranty in
connection with a film, we request the following documentation be
forwarded for our review. We understand that some of the documents
may only be available in draft form, which we would appreciate receiving
pending availability of final versions.
1) Final approved Budget, Screenplay and Shooting
Schedule, signed by Director and Producer: By signing these documents,
the Director and Producer acknowledge that the film will essentially
conform to these approved elements versus any previously submitted
versions.
2) Cash Flow Plan (also required by the financing Bank).
3) Financing Agreements: This sets forth the terms under which
the production company may borrow/receive money to finance the
film.
4) Production Agreement: This agreement sets forth the Producer’s
obligations to the Distributor.
5) Distribution Agreement(s): This is a critical document, in
that it sets fort the conditions under which the Distributor will
accept delivery, as well as requisite time frames.
6) Delivery Materials or Delivery Schedule: This schedule should
be provided only if it is not included in Distribution Financing
and/or Production Agreements.
7) Director’s Contract, Individual Producer’s Contract,
Screenwriter’s Agreement (s), Principal Cast Agreements
and Key Crew Agreements: These are reviewed not only to determine
consistency with the budget, but also to determine what rights
or perks have been granted (in particular the director and principal
cast) and the existence of any stop dates. While we are primarily
concerned with principal cast and crew, we will ultimately need
to receive contracts/deal memos for all cast and crew.
8) Director’s Inducement Letter and Art Director/Production
Designer Inducement Letter: We will provide these forms as needed.
9) Chain of Title/Literary Property Documentation: This would
cover rights documentation other than the Screenwriter’s
Agreement and is required by financiers and insurers.
10) Studio/Location Agreements: As with No. 7 above, these Agreements
are compared to the budget and reviewed for stop dates.
11) Laboratory Agreement: This Agreement is reviewed for adequacy
of services provided and compared to the budget.
12) Schedule of Insurance Coverage
a) We should be named as an Additional Insured/Loss Payee on
the production portfolio coverage. cineFinance should also be
named as an Additional Insured under the General/Automobile
Liability Policies and the Errors and Omissions policy.
b) Insured Cast and Director must be examined and accepted prior
to commencement of principal photography to ensure coverage.
The Producer or broker should provide us with updates in this
regard.
Prompt receipt of the above documentation will greatly assist
us in closing the completion documents expeditiously.