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Facilities Agreement Template for Denmark

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Key Requirements PROMPT example:

Facilities Agreement

Document background
The Facilities Agreement serves as the primary documentation for credit arrangements in Denmark, whether for bilateral or syndicated loans. It is used when a borrower requires financing for various purposes such as working capital, acquisitions, project finance, or general corporate purposes. The document must comply with Danish law requirements, particularly regarding security creation, registration, and enforcement. The agreement typically includes detailed provisions on facility terms, drawdown mechanics, repayment schedules, security arrangements, and covenants, all structured to align with Danish market practice and regulatory requirements. Given the sophisticated nature of facility arrangements, the document often requires input from various stakeholders and careful consideration of Danish-specific legal and regulatory aspects.
Suggested Sections

1. Parties: Identification of the lender(s), borrower(s), and any guarantors

2. Background: Context of the facility and purpose of the agreement

3. Definitions and Interpretation: Definitions of terms used throughout the agreement and interpretation rules

4. The Facilities: Description of the type, amount, and purpose of each facility

5. Purpose: Permitted uses of the facility amounts

6. Conditions of Utilisation: Conditions precedent and requirements for drawdown

7. Utilisation: Process and mechanics for requesting and making utilisations

8. Repayment: Terms and schedule for repayment of the facilities

9. Prepayment and Cancellation: Voluntary and mandatory prepayment provisions

10. Interest: Interest calculation, periods, and payment provisions

11. Fees: All fees payable under the facility

12. Tax Gross Up and Indemnities: Tax-related provisions and protections

13. Increased Costs: Provisions for dealing with changes in costs due to regulatory changes

14. Representations: Borrower's representations and warranties

15. Information Undertakings: Obligations to provide financial and other information

16. Financial Covenants: Financial maintenance and testing requirements

17. General Undertakings: Positive and negative covenants

18. Events of Default: Circumstances constituting default and consequences

19. Changes to the Parties: Transfer and assignment provisions

20. Payment Mechanics: Administration of payments under the facility

21. Set-off: Rights of set-off and counterclaim

22. Notices: Communication methods and requirements

23. Calculations and Certificates: Basis for calculations and evidential value of certificates

24. Governing Law and Enforcement: Danish law as governing law and enforcement provisions

Optional Sections

1. Security: Required if the facility is secured - provisions relating to security documents and their maintenance

2. Guarantee: Required if there are guarantors - terms of guarantee and indemnity

3. Agent and Security Agent: Required for syndicated facilities - roles and responsibilities of facility and security agents

4. Majority Lenders: Required for syndicated facilities - decision-making mechanisms among multiple lenders

5. Hedging: Required if hedging obligations are included - terms of associated hedging arrangements

6. Currency Provisions: Required for multi-currency facilities - currency conversion and exchange rate provisions

7. Bank Accounts: Required if specific account structure is needed - provisions regarding maintenance and operation of accounts

8. Subordination: Required if there is internal ranking of debt - provisions regarding priority of payments

Suggested Schedules

1. Conditions Precedent: List of required documents and conditions for initial utilisation and subsequent drawings

2. Utilisation Request: Form of utilisation request

3. Form of Transfer Certificate: Template for transfers between lenders

4. Form of Compliance Certificate: Template for periodic compliance certification

5. Repayment Schedule: Detailed schedule of repayment dates and amounts

6. Form of Accession Deed: Template for additional parties joining the agreement

7. Committed Facilities: Details of facilities and commitments of each lender

8. Security Documents: List and copies of all security documents

9. Existing Security: Details of permitted existing security

10. Form of Assignment Agreement: Template for assignments between lenders

11. Contact Details: List of administrative details for all parties

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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