Next, unless we already know you and your financing sources, we will ask you to furnish proof of your funding commitments. 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 proof that you have secured the funding commitments needed to fully cover all budgeted production costs.
After we accept your POF, we will ask you to submit your key production elements (i.e., screenplay or episodic teleplay(s), budget, shooting schedule, post-production calendar, and cash flow schedule if available) to our Production Department, and all relevant financing, investment, production, and distribution contracts to our Business Affairs Department. Whenever possible, we will assign the same executives to manage your account to promote trust, communication, cooperation, and expediency.
Next, our Production staff will arrange to meet with your production team members (which may include the individual Producer(s), Director, Line Producer, UPM, Production Accountant, and department heads) to solicit their ideas and opinions on the budget and schedule including any unusual or challenging conditions. We will exchange recommendations for any warranted adjustments if we believe the level of the crew’s experience and skill, the duration of photography or post-production, or the budgeted costs of production are insufficient. We know unforeseeable events may befall even the best-managed productions. However, during this stage, our mission is to make sure that the production team will have sufficient resources and is thoroughly prepared to manage any anticipated challenges before cameras begin to roll.
At the same time as our Production staff is evaluating your production elements, our in-house Business Affairs staff will evaluate your legal rights and obligations under the relevant financing, investment, production, and distribution contracts. This usually takes about one week to complete.
If we are confident that your production team has the experience, expertise, and skill, and you have secured the contractual rights and financial resources needed to produce, complete, and deliver your film or television series on schedule and budget, then we will “underwrite” your project. This is an internal process during which we approve your submission and undertake to provide a completion bond subject to legal documentation.
The legal counsel representing each of your financiers or investors will prepare their respective Funding Agreements and collateral assignments or charges. Typically the legal counsel representing your principal financier or investor will prepare Interparty Agreements, Intercreditor Agreements, Notices of Assignment, Letters of Credit, Laboratory Control Agreements, and Deposit Account Control Agreements, as may be applicable. Whenever practical, we will use pre-negotiated contracts to help streamline and expedite the legal documentation process.
We recognize every production is different and some may require greater service and support than others.
We will adjust the level of our involvement as it is needed or requested. Our staff has encountered a wide variety of production difficulties. We recognize the routine rigors of production without overreacting or feeling the need to intervene. If complications should arise, we approach each challenge with level heads and practical, collaborative solutions.
If necessary, we will assist you in correcting and resubmitting any missing or defective materials. In most cases, we and your distributors will agree to resolve any delivery disputes by binding, expedited arbitration.
UniFi’s re/insurance structure is designed to give you and your financiers and investors extreme legal and financial protection and security.