The Debt Financing Agreement serves as the primary documentation for loan arrangements in Denmark, establishing the legal framework for providing and securing financial facilities. This document is essential when a business or entity seeks to obtain debt financing from financial institutions or other lenders under Danish jurisdiction. It comprehensively covers all aspects of the lending relationship, including facility terms, security packages, representations and warranties, and covenant packages, while ensuring compliance with Danish financial regulations and relevant EU directives. The agreement is particularly crucial for structured financing transactions and requires careful consideration of Danish security and enforcement mechanisms, registration requirements, and insolvency laws. It's designed to protect both lender and borrower interests while providing clear mechanisms for loan administration and enforcement.
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Key Requirements PROMPT example:
Debt Financing Agreement
I need a Debt Financing Agreement under Danish law for a 鈧5 million loan from Nordic Bank A/S to my manufacturing company, with quarterly repayments over 5 years starting March 2025, including security over our production equipment and intellectual property.
1. Parties: Identification of the lender(s) and borrower(s) with full legal names and registration details
2. Background: Context of the financing arrangement and purpose of the loan
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Facility: Details of the loan amount, purpose, and availability
5. Interest: Interest rate, calculation method, payment periods, and default interest
6. Repayment: Repayment schedule, prepayment provisions, and payment mechanics
7. Security: Overview of security package and ranking
8. Conditions Precedent: Conditions that must be satisfied before drawdown
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Covenants: Positive and negative obligations of the borrower during the loan term
11. Events of Default: Circumstances that trigger default and acceleration rights
12. Changes to Parties: Rules for assignment and transfer of rights and obligations
13. Notices: Communication procedures between parties
14. Calculations and Certificates: Rules for calculations and validity of certificates
15. General Provisions: Miscellaneous legal provisions including severability and amendments
16. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction agreements
1. Accordion Facility: Optional section for when the facility includes the possibility to increase the loan amount
2. Agent Provisions: Required when there is a facility agent representing multiple lenders
3. Security Agent Provisions: Required when there is a security agent holding security on behalf of multiple lenders
4. Subordination Provisions: Required when there are multiple creditors with different rankings
5. Green Loan Provisions: Required for environmentally sustainable financing with specific green commitments
6. Guarantees: Required when third-party guarantors are involved
7. Currency Provisions: Required for multi-currency facilities
8. Tax Gross-Up and Indemnities: Detailed tax provisions required for cross-border transactions
1. Conditions Precedent Documents: List of required documents and conditions to be satisfied before drawdown
2. Form of Drawdown Request: Template for requesting loan disbursements
3. Repayment Schedule: Detailed amortization schedule if applicable
4. Form of Transfer Certificate: Template for transferring loan participations
5. Security Documents: List and copies of all security documents
6. Calculation of Interest Rate: Detailed methodology for interest calculations
7. Financial Covenants Calculations: Formulas and methods for calculating financial covenants
8. Contact Details: Detailed contact information for all parties
9. Form of Compliance Certificate: Template for periodic compliance reporting
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Manufacturing
Energy and Utilities
Infrastructure
Technology
Healthcare
Transportation and Logistics
Retail and Consumer Goods
Agriculture
Construction
Telecommunications
Professional Services
Industrial Production
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit
Operations
Investment
Corporate Advisory
Documentation
Portfolio Management
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Relationship Manager
Credit Officer
Risk Manager
Compliance Officer
Financial Controller
Investment Manager
Corporate Banking Manager
Debt Capital Markets Manager
Senior Loan Officer
Transaction Manager
Security Trustee
Portfolio Manager
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