First, after you provide us with your Picture Information and so long as your film or television series meets our then-current underwriting prerequisites, we will ask you to submit Proof of Funds (POF). Proof of funds (POF) typically takes the form of a summary describing each financier and investor that has committed to advance production funds, the amount of and, if applicable, any pre-conditions (e.g., script or cast approval, completing pre-sales) to its funding commitment, together with a fully signed copy of a term-sheet, commitment letter or funding agreement. We do not require all production funds to be on deposit. We simply want to see proof you have secured the funding commitments needed to fully cover the budgeted production costs of your film or television series.
Once we have accepted your POF, our Production Department will request copies of the approved screenplay or teleplay(s), budget, cash flow schedule, shooting schedule, post-production calendar, and locations (shooting and post-production) for your film or television series.
Next, you will furnish the Production Information to our Production Department and the Legal Information to our Business Affairs Department for our review and approval.
If we approve your submission for underwriting, our Business Affairs department will prepare and negotiate the Completion Guaranty, the Completion Agreement, and related documents including the Director’s Undertaking, Completion Guarantor’s Power of Attorney, Producer’s Power of Attorney, and Copyright Mortgage and Assignment. You will also need to furnish (or have your insurance broker-agent furnish) proof you have obtained the Basic Insurance Coverages. The legal counsel representing your financiers and investors will typically prepare their respective Funding Agreements and collateral assignments. The legal counsel representing your principal financier or investor will typically prepare related documents including the Interparty Agreements, Intercreditor Agreements, Notices of Assignment, Letters of Credit, Laboratory Control Agreements, and Deposit Account Control Agreements. If a collection account will be opened, then the legal counsel for the collection agency will usually prepare the Collection Account Management Agreement.
Throughout photography and post-production, you will need to regularly provide us with copies of daily call sheets, daily wrap reports, daily production reports, cost reports (weekly during principal photography and monthly during post-production), and notices of availability or delivery to distributors until your film or television series has been completed and fully delivered. Other reports or notices may be required upon request.
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