Clauses

Drafting for corporate finance documentation whereby interest payments are adjusted based on the borrower group’s performance measured against water sustainability key performance indicators (KPIs).

A clause requiring companies to carry out a climate change risk assessment, to be inserted into the General Conditions of corporate insurance policies across all lines of business.

A clause for insurance policies covering dispute costs and expenses (such as After The Event (ATE) Insurance policies) that requires the insured to conduct disputes in an environmentally friendly way.

A net zero focused variation of Arlo’s Clause (ESG Aligned Company Articles) to include in a company’s articles of association, drafted by reference to TCLP’s net zero resources.

A clause containing mutual obligations to allow all parties to either perform their own obligations in a way that reduces their carbon footprint and/ or require other parties to do so.

A checklist that requests one-off or repeated disclosure of a company’s climate-related lobbying, financing, sponsoring and climate leadership activities.

A formal ‘carbon budget’ alongside the traditional financial budget for construction projects, to incentivise industry participants to reduce greenhouse gas (GHG) emissions through use of more sustainable materials. 

A clause in production agreements obliging video/film production companies to disclose the carbon footprint generated by the production of the video/film in the credits.

This clause builds climate change mitigation into the environmental/ social standards in Development Finance Institution (DFI) or Export Credit Agency (ECA) finance transactions.

A share purchase/ asset purchase agreement clause requiring the purchaser to maintain/ improve the target company's green credentials post acquisition, linked to payment from escrow if successful.

A clause ‘extending’ insurance policies to cover pending climate change litigation, on the condition that the policyholder discloses its net zero targets and climate risk exposure.

Creative interest rate remedies by which payments are made either to a “green” cause or an off-setter.