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Finance Agreement Template for Denmark

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Finance Agreement

Document background
A Finance Agreement is a crucial document used to formalize lending arrangements in Denmark, establishing the legal framework for financial facilities between lenders and borrowers. This document type is essential for any significant lending transaction, whether it's corporate financing, project finance, or asset-based lending. The agreement must comply with Danish financial regulations, including the Financial Business Act (Lov om finansiel virksomhed) and related legislation, while also adhering to EU financial directives. It contains detailed provisions covering facility terms, security arrangements, representations and warranties, covenants, and events of default. The document is particularly important in the Danish market where financial transactions require clear documentation of rights, obligations, and regulatory compliance.
Suggested Sections

1. Parties: Identification and details of the parties to the agreement, including registration numbers and addresses

2. Background: Context of the agreement and brief description of the transaction

3. Definitions: Definitions of key terms used throughout the agreement

4. Facility Amount and Purpose: Details of the financial facility being provided and its intended purpose

5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

6. Drawdown Mechanics: Procedures and requirements for accessing the facility

7. Interest and Fees: Interest rates, calculation methods, and all applicable fees

8. Repayment Terms: Schedule and methods of repayment, including any early repayment provisions

9. Representations and Warranties: Statements of fact and assurances given by the borrower

10. Covenants: Ongoing obligations of the borrower, including financial covenants

11. Events of Default: Circumstances that constitute default and consequences thereof

12. Security: Details of any security or guarantees provided

13. Notices: Communication requirements and contact details

14. Confidentiality: Provisions regarding confidential information

15. Assignment and Transfer: Rules regarding transfer of rights and obligations

16. Governing Law and Jurisdiction: Confirmation of Danish law and jurisdiction

17. Execution: Signature blocks and execution requirements

Optional Sections

1. Syndication Provisions: Required if the facility may be syndicated to multiple lenders

2. Tax Gross-up and Indemnities: Detailed tax provisions, necessary for cross-border transactions

3. Currency Provisions: Required if the facility involves multiple currencies

4. Green Finance Provisions: Required for environmentally-linked finance facilities

5. Data Protection: Detailed GDPR compliance provisions, required if personal data processing is extensive

6. Agency Provisions: Required in multi-lender facilities with an agent bank

7. Step-in Rights: Required in project finance or specific secured transactions

8. Regulatory Compliance: Specific provisions required for regulated borrowers or lenders

Suggested Schedules

1. Drawdown Notice: Form of notice for requesting disbursements

2. Repayment Schedule: Detailed amortization or repayment schedule

3. Conditions Precedent Documents: List of required documents and conditions

4. Financial Covenants Calculations: Detailed methodology for calculating financial covenants

5. Security Documents: Forms of security documents or guarantees

6. Fee Schedule: Detailed breakdown of all fees and charges

7. Compliance Certificate: Form of periodic compliance certification

8. Know Your Customer Requirements: List of required KYC documentation

Authors

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Teams

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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