Legal Advance Case Order

LEGAL ADVANCE CASE ORDER

This Legal Advance Case Order (the "Order") is entered into as of Effective Date: by and between Funder Name: (Funder), Entity Type: Individual Corporation LLC, and Recipient Name: (Recipient), Entity Type: Individual Corporation LLC.

Case Style: ; Case Number: ; Court: .

RECITALS

WHEREAS, Recipient is a party in the litigation identified above and requires funding to prosecute or resolve the claim, including but not limited to payment of expert fees, filing fees, discovery costs, and settlement facilitation; and

WHEREAS, Funder is willing to advance funds to Recipient on the terms and subject to the security and repayment provisions set forth herein, and Recipient desires to accept such funds; and

WHEREAS, the parties desire that this Order govern the amounts advanced, the use of proceeds, the priority of repayment from any recovery or settlement proceeds, and the remedies available upon default.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, the parties agree as follows:

1. DEFINITIONS

For the purposes of this Order, the following terms have the meanings set forth below:

"Advance" means any payment of funds by Funder to or for the benefit of Recipient under Section 2. Advance Amount authorized under this Order: $ .

"Proceeds" means all monies payable to Recipient arising from recovery, judgment, settlement, award, insurance proceeds, or other resolution of the Claim.

"Default" has the meaning given in Section 9.

2. ADVANCE TERMS; DISBURSEMENT

2.1 Advance Obligation. Subject to the terms and conditions of this Order, Funder agrees to make Advances to Recipient up to a total principal amount of $ (the "Maximum Advance").

2.2 Disbursement. Advances shall be requested in writing by Recipient and disbursed by Funder within the period specified in the request. First disbursement date: .

2.3 Purpose. Recipient shall use Advances solely for case-related expenses as described in the request; use for other purposes constitutes an immediate Event of Default.

3. SECURITY, ASSIGNMENT AND PERFECTION

3.1 Assignment. Recipient hereby assigns and transfers to Funder a security interest in and to all of Recipient's present and future rights to Proceeds arising from the Claim, including all judgments, settlements and insurance recoveries.

3.2 Perfection. Recipient shall execute such instruments and take such actions as reasonably necessary to perfect, maintain and protect Funder's security interest, including executing financing statements described in the attached Security Description:

4. REPAYMENT, PRIORITY AND OFFSET

4.1 Repayment Source. All Advances, together with applicable fees and charges, shall be payable solely from Proceeds. Recipient shall not be personally liable for repayment except as expressly provided in this Order.

4.2 Priority. The security interest granted to Funder is intended to be a first-priority lien against Recipient's right to Proceeds to the extent permitted by law, subject to court-approved allocations and statutory liens that have lawful priority.

5. FEES, CHARGES AND CALCULATION

5.1 Funding Fee. In consideration for Advances, Recipient agrees to pay a funding fee equal to of each Advance or as otherwise agreed in individual advance confirmations.

5.2 Calculation; No Interest. Fees will be calculated per Advance and deducted from Proceeds prior to disbursement to Recipient unless otherwise ordered by the Court.

6. USE OF FUNDS; OBLIGATIONS

Recipient represents and warrants that Advances will be used exclusively for litigation-related expenses, that Recipient has full authority to assign Proceeds, and that acceptance of Advances will not violate any prior agreement.

7. REPRESENTATIONS AND WARRANTIES

Recipient represents and warrants that: (a) the facts set forth in the recitals and the claims underlying the Case are true and accurate to Recipient's knowledge; (b) there are no other assignments of Proceeds except as disclosed in writing to Funder; and (c) Recipient will cooperate in all reasonable respects to pursue, collect and settle the Claim.

8. COVENANTS

Recipient covenants to (i) notify Funder promptly of any settlement discussions or offers, (ii) not settle or release the Claim without providing Funder written notice and a reasonable opportunity to assert or protect its rights, and (iii) assist with perfection and enforcement of the security interest.

9. EVENTS OF DEFAULT

Events of Default include: (a) misuse of Advances; (b) material misrepresentation by Recipient; (c) failure to execute documents necessary to perfect Funder's security interest; (d) voluntary dismissal, nonsuit or abandonment of the Claim without Funder's consent.

Upon Default, Funder may pursue any remedy available at law or in equity, including acceleration of amounts owed from Proceeds and injunction to enjoin settlement or release.

10. REMEDIES AND ENFORCEMENT

The remedies provided herein are cumulative and in addition to any other rights or remedies available at law or in equity. Recipient agrees that equitable relief, including specific performance or injunctive relief, will be an available remedy to protect Funder's security interest.

11. NOTICES

All notices required or permitted under this Order shall be in writing and shall be deemed given when delivered personally, sent by nationally recognized overnight courier, or three days after deposit in the United States mail, postage prepaid, to the addresses provided above or to such other address as any party shall specify in writing.

12. AMENDMENTS; WAIVER; COUNTERPARTS

This Order may be amended only by a written instrument signed by both parties. No waiver of any provision shall be effective unless in writing. This Order may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

13. GOVERNING LAW; VENUE

This Order shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. Venue for any action to enforce this Order shall lie in a court of competent jurisdiction in that State.

14. ENTIRE AGREEMENT; SEVERABILITY

This Order constitutes the entire agreement between the parties with respect to Advances and supersedes all prior negotiations and agreements. If any provision of this Order is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. COURT APPROVAL

If required by local rules or by court order, the parties shall seek entry of an order by the Court approving this Order and the security interest contemplated herein. The parties agree to cooperate in procuring such approval.

ADDITIONAL TERMS

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