Tag Archives: litigation proceeds

Proceeds and Taxes

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The draft model treats taxes owed by the Plaintiff as a result of receiving the Proceeds differently depending on whether the Proceeds result from a judgment or a settlement. If the Proceeds result from settlement, a Litigation Proceed Right is … Continue reading

Proceeds and Costs

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The proceeds payment of the securities financing contemplated by the draft model is fundamentally different than the standard non-recourse loan. In the traditional approach, the lender (funder) is repaid the loan principal, which represents the costs of the litigation (or … Continue reading

Security Interests in the Model Contact

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Like the traditional non-recourse financing, the model contract provides no security the funder will receive anything if the litigation proves unsuccessful. However, the contract creates security interest(s) in favor of the funder, for after the proceeds exist. First, the funder … Continue reading

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