The Loan and Guarantee Agreement is a crucial financial document used when a borrower requires funding with additional security provided by a third-party guarantor. This agreement is particularly relevant in the Danish market where strong legal protections for both lenders and guarantors are essential. The document serves multiple purposes: it establishes the primary lending relationship, defines the guarantee obligations, and ensures compliance with Danish financial regulations and EU requirements. The agreement is commonly used in corporate financing, project finance, and significant commercial transactions where additional security beyond the borrower's own covenant is required. It includes comprehensive provisions covering loan disbursement, repayment terms, guarantee scope, enforcement rights, and specific protections required under Danish law. The document must comply with Danish financial services regulations, contract law principles, and where applicable, consumer protection legislation.
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Key Requirements PROMPT example:
Loan And Guarantee Agreement
I need a Loan and Guarantee Agreement under Danish law for a 鈧5 million corporate loan to be provided by Danske Bank to my manufacturing company, with my parent company acting as guarantor, to be signed by March 2025.
1. Parties: Identification of all parties: Lender, Borrower, and Guarantor(s), including full legal names, registration numbers, and addresses
2. Background: Context of the loan and guarantee arrangement, including the purpose of the loan and the basis for the guarantee
3. Definitions: Definitions of key terms used throughout the agreement, including financial terms, dates, and technical references
4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of the loan proceeds
5. Interest and Fees: Details of interest rate(s), calculation methods, payment periods, and any applicable fees
6. Repayment Terms: Repayment schedule, payment methods, prepayment provisions, and consequences of late payment
7. Guarantee Provisions: Scope of the guarantee, nature (whether demand or conditional), and extent of the guarantor's liability
8. Representations and Warranties: Statements of fact and assurances from both the borrower and guarantor
9. Covenants: Ongoing obligations of the borrower and guarantor during the life of the loan
10. Events of Default: Circumstances constituting default and their consequences
11. Enforcement: Rights and procedures for enforcing the loan and guarantee obligations
12. Notices: Communication requirements and contact details for all parties
13. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and jurisdiction for disputes
14. Execution: Signature blocks and execution requirements for all parties
1. Security: Include when additional security beyond the guarantee is provided, detailing the nature and terms of the security
2. Multiple Guarantors: Include when there is more than one guarantor, specifying joint and several liability and relationships between guarantors
3. Currency Provisions: Include for loans in foreign currency, addressing exchange rate risks and conversion procedures
4. Tax Provisions: Include when specific tax implications need to be addressed, particularly for cross-border arrangements
5. Assignment and Transfer: Include when rights under the agreement may be transferred or assigned
6. Data Protection: Include when personal data processing is involved, ensuring GDPR compliance
7. Force Majeure: Include when specific circumstances beyond parties' control need to be addressed
8. Step-In Rights: Include when the lender may need rights to take control in specific circumstances
9. Subordination: Include when the loan needs to be subordinated to other debt
10. Financial Covenants: Include when specific financial metrics need to be maintained
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Interest Calculation Examples: Examples showing how interest will be calculated in various scenarios
3. Form of Drawdown Notice: Template for requesting disbursement of loan funds
4. Form of Compliance Certificate: Template for periodic confirmation of compliance with agreement terms
5. Security Documents: Copies or forms of any security documents referenced in the agreement
6. Financial Statements: Recent financial statements of borrower and/or guarantor
7. Corporate Authorizations: Copies of relevant corporate approvals and authorizations
8. Know Your Customer Documentation: Required identification and verification documents for all parties
9. Conditions Precedent Documents: List and copies of all required pre-disbursement documents
10. Guarantor's Asset Statement: Declaration of guarantor's assets and financial position
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate and Construction
Manufacturing
Energy and Utilities
Infrastructure
Technology and Software
Healthcare
Retail and Consumer Goods
Transportation and Logistics
Agriculture
Professional Services
Education
Hospitality and Tourism
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit Analysis
Corporate Banking
Investment Banking
Documentation
Due Diligence
Corporate Secretariat
Business Development
Loan Administration
Portfolio Management
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Treasury Manager
Risk Manager
Credit Manager
Relationship Manager
Compliance Officer
Corporate Secretary
Financial Controller
Business Development Director
Investment Manager
Portfolio Manager
Senior Loan Officer
Guarantee Manager
Documentation Specialist
Due Diligence Officer
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