template

Mandate Letter (Best Efforts)

by
Genie Team
Genie Team
Oct, 10 2023

When to use this template

A Mandate Letter (Best Efforts) under UK law is a legal template used to document an agreement between two parties, known as the principal and the agent. This template outlines the responsibilities, obligations, and rights of both parties when the principal authorizes the agent to act as their representative. In this particular template, the focus is on the agent's commitment to exerting their "best efforts" to achieve the specified objectives on behalf of the principal.

The letter typically begins by clearly identifying the parties involved, stating their roles, and providing relevant contact information. It then describes the scope and purpose of the mandate, specifying the tasks or actions the agent is authorized to undertake. The template may also include provisions on the duration of the mandate and any specific instructions or limitations imposed by the principal.

Additionally, the letter defines the agent's obligations related to the "best efforts" clause. This means that the agent is legally bound to apply their utmost skills, knowledge, resources, and diligence to fulfill the mandate in the most effective manner possible. The template may further elaborate on what constitutes "best efforts" and provide guidelines or benchmarks for the agent to adhere to during the engagement.

The letter commonly addresses important aspects such as compensation and reimbursement, outlining the agent's entitlements for the services rendered or expenses incurred while carrying out the mandate. It may also specify the agent's authority to engage subcontractors or delegate certain tasks, highlighting any relevant restrictions imposed by the principal.

Furthermore, the template usually incorporates clauses related to confidentiality, non-disclosure, and conflict of interest, ensuring that the agent maintains strict confidentiality regarding the principal's sensitive information and does not engage in any activities that may compromise the principal's interests.

Ultimately, a Mandate Letter (Best Efforts) seeks to establish a clear understanding and agreement between the principal and the agent regarding their respective roles, obligations, and expectations. This template under UK law provides a standardized framework that can be customized to suit the specific requirements of different mandates, ensuring legal clarity and protection for both parties involved.

Key issues covered in this template

  • Client identification
  • Counterparts
  • Disclosing information
  • Enforcement costs
  • Execution
  • Financial condition
  • Good faith projections
  • Managing syndication
  • Material adverse change
  • Offer expires
  • N/A

What to watch out for

  • The terms of the arrangement

  • The arranger's fees

  • The arranger's role in the syndicated facility

  • The borrower's obligations under the arrangement

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Used by

Author

Genie Team

Genie Team

@genieteam
Genie AI Team

The Genie Team consists of lawyers and paralegals. Our aim is to open source the law and provide high quality, regularly reviewed legal documents.

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Additional information

Business categories

Business activities

Contract type

Relevant sectors

Finance

Relevant company sizes

1 - 3

20 - 49

250 - 999

4 - 19

50 - 249

1000 +

Governing law

England and Wales

Language

English UK

Gender neutral

Yes