FUTURE FILMS USA LLC
Building on the success of Future
Films in the UK, Future Films USA (“FFUSA”) was established
at the end of 2006 to offer our services to the US production
community. The US offers the best access to projects, distribution
channels, finance, infrastructure and talent, and remains the center of
the filmmaking industry.
FFUSA offers debt and mezzanine financing to producers looking to make
their films in the US. On any given film, our funding to a production
can include the cash-flowing of a US state incentive, such as a rebate
or a transferable tax credit, the discounting and cash-flowing of
pre-sale contracts entered into by distributors, and a loan
“secured” against unsold distribution rights (i.e., a
so-called “gap loan”). With all the right elements in
place, this could result in a loan to the production of as much as 50%
or more of the budget for a
film.
US
State Film Incentives:
Many
US states now offer generous film and television incentives in order to
keep production from migrating to Canada and Europe, as has happened in
the past. These incentives, coupled with a very weak dollar, make the
US (and more particularly certain US states) a very attractive film
destination for both foreign and domestic producers.
In states
that offer cash rebates - for example, New Mexico and Michigan - a
producer can opt for the state to send them a check, the amount of
which is based on a percentage of the qualifying in-state spend on the
applicable production. In states that offer transferable tax credits as
an incentive - for example, Connecticut, Illinois, Louisiana,
Massachusetts, Arizona, New Jersey, Pennsylvania, and Rhode Island -
the tax credits can be used to reduce a tax payer's in-state tax
liability, often with the option of carrying forward unused tax credits
for a number of years. Furthermore, the transferable nature of the tax
credit in certain states enables the out-of-state producer, who most
likely does not have material tax liability in the state in which the
production is being shot, to monetize the tax credit by selling it at a
discount from its face value to an in-state tax payer(s).
The
benefit of these valuable incentives is only realized after the
producer's money has been spent on the production in the applicable
state and the relevant auditing process has been performed, allowing
the state to issue the tax credit or rebate. However, most producers
require these funds at the start of principal photography, and this is
where FFUSA can provide funding.
Structurally, FFUSA provides
cash directly to a producer at the start of production in the form of a
loan secured against the receipt by FFUSA of the applicable state
incentive(s). These funds are advanced to the producer on a discounted
basis based on the forecasted value of the cash rebate, or in the case
of a transferable tax credit, the predicted end user (in-state tax
payer) purchase price. FFUSA charges interest on the loan and, to the
extent that the cash rebate or the tax credit is worth more than the
loan repayment plus interest (which will be the case with the vast
majority of loans), the producer keeps the upside.
Alternatively,
FFUSA can either buy the right to the transferable tax credit, or
guarantee their value by way of a letter of credit.
FFUSA has
the knowledge and experience to enable producers to capitalize fully on
these new benefits. FFUSA can help you to decide where would be the
most appropriate location for your project, and what makes the most
sense economically depending on your finance plan and specific
requirements. We always look to maximize the value of the incentive
wherever possible.
Gap
Finance:
FFUSA offers loans
secured in a priority position against the future licensing/sales of
film distribution rights. We work with the sales estimates provided by
a select group of trusted sales agents who are known to be the best in
the business. If your film does not already have a sales agent
attached, FFUSA can help you to find the most appropriate company for
your particular project.
We would take the “low” or
“take”
estimates provided by the sales agent for the unsold territories (or
unsold rights) and apply a discount to achieve the amount of
“coverage”
for the loan we deem appropriate on a case-by-case basis.
FFUSA would
usually look for coverage of between 150% and 250%. So by way of
example, if the low estimates for the unsold territories are $5m (with
no other party having an interest in these rights), and we determine
that we would need a minimum of 200% coverage, we would look to lend a
maximum of $2.5m, which would include an amount to cover our
anticipated interest charges (interest reserve) and facility fee, as
well as our legal fees in transacting the deal. Once those sales are
eventually made and the license fees are received, FFUSA stands in a
priority position to recoup its loan, including interest and costs..
FFUSA
would generally look for projects with a trusted director who has a
proven track record. FFUSA requires two significant pre-sales to be
made in order to confirm the market interest in the project, as well as
the reliability of the sales estimates provided by the foreign sales
agent. However, as we assess each project on a case-by-case basis, we
have the flexibility to judge what is realistic in each situation.
Cash Flowing
Pre-Sales:
FFUSA
is also able to cash-flow the pre-sales already made, providing money
that can be used for the production as part of the overall budget. We
would lend money at a discount against the contracts already signed by
distributors before the film has started principal photography. The
level of the discount would depend on the identity and reputation of
the relevant distributor in the territory in question. This loan would
ordinarily mature within nine to twelve months.
More Than Just A Finance Company:
Aside
from financial support, FFUSA brings with it the production and legal
expertise that has been built within the Future Film Group since its
inception. The joined-up approach offered by the London and Los
Angeles-based offices allows you access to what is right for your
project practically anywhere in the world.
FFUSA is a company that
cares about the projects with which it is involved, understands the
challenges a producer faces, and provides a hands-on approach in
bringing a project together. Our mandate is to provide a transparent,
producer-friendly financial service that will attract repeat business
and foster long-term relationships with producers