Finance Contract

Finance Contract Template for Denmark

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Document background

The Finance Contract serves as the primary documentation for financial facilities in Denmark, establishing the legal framework for lending arrangements between financial institutions and borrowers. It is typically used when implementing new lending facilities, refinancing existing debt, or establishing credit lines for various business purposes. The document must comply with Danish financial regulations, including the Financial Business Act (Lov om finansiel virksomhed) and related legislation. It contains comprehensive provisions covering facility terms, security arrangements, representations and warranties, covenants, and events of default, all tailored to meet Danish legal requirements and market practice. This contract type is essential for both commercial and consumer lending transactions, though its complexity and specific provisions may vary depending on the transaction size, purpose, and sophistication of the parties involved.

Suggested Sections

1. Parties: Identification of the contracting parties, including the lender(s) and borrower(s)

2. Background: Context of the financing arrangement and purpose of the loan

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. The Facility: Details of the loan facility, including amount, purpose, and availability

5. Interest and Fees: Interest calculation, payment dates, and applicable fees

6. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics

7. Conditions Precedent: Conditions that must be satisfied before drawdown

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

9. Covenants: Positive and negative undertakings of the borrower

10. Events of Default: Circumstances that trigger default and remedies

11. Changes to Parties: Rules for assignment and transfer of rights

12. Notices: Communication procedures between parties

13. Calculations and Administration: Administrative provisions and calculation conventions

14. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions

Optional Sections

1. Security: Required if the facility is secured - details of security arrangements

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

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

4. Increased Costs and Tax Gross-Up: Optional provisions for dealing with regulatory changes and tax implications

5. Market Disruption: Optional provisions for handling market disruption events

6. Multiple Lenders: Required for syndicated facilities - provisions governing lender relationships

7. Accordion Facility: Optional provision allowing for future increase in facility amount

8. Green Loan Provisions: Required for green loans - sustainability-linked terms and reporting

Suggested Schedules

1. Schedule 1 - Conditions Precedent Documents: List of required documents and conditions

2. Schedule 2 - Form of Drawdown Request: Template for requesting loan disbursements

3. Schedule 3 - Calculation of Interest and Fees: Detailed interest and fee calculation methodology

4. Schedule 4 - Repayment Schedule: Detailed amortization schedule if applicable

5. Schedule 5 - Form of Transfer Certificate: Template for transferring loan participations

6. Schedule 6 - Financial Covenants Calculations: Methodology for calculating financial covenants

7. Appendix A - Security Documents: Forms of security documentation if applicable

8. Appendix B - Notice Details: Detailed contact information for all parties

9. Appendix C - Compliance Certificate: Template for periodic compliance reporting

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