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Secured Loan Agreement Template for Denmark

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Secured Loan Agreement

Document background
The Secured Loan Agreement is a fundamental financing document used in Danish commercial lending transactions where a lender provides funding against specific collateral or security. This document is essential when businesses or individuals seek financing while offering assets as security, ensuring the lender has a priority claim over specific assets in case of default. The agreement must comply with Danish legal requirements, particularly the Danish Contracts Act (Aftaleloven), the Danish Registration Act (Tinglysningsloven), and relevant financial regulations. The Secured Loan Agreement typically includes detailed provisions about the security package, its creation and perfection, borrower covenants, representations and warranties, and enforcement mechanisms, all structured within the Danish legal framework. It's commonly used in various financing scenarios, from real estate financing to business expansion and asset acquisition.
Suggested Sections

1. Parties: Identification of the lender, borrower, and any guarantors or security providers

2. Background: Context of the loan, purpose, and any relevant pre-conditions or arrangements

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. The Facility: Core loan terms including amount, purpose, and drawdown conditions

5. Interest and Fees: Interest rate, calculation methods, fees, and payment terms

6. Repayment and Prepayment: Repayment schedule, prepayment rights and conditions

7. Security: Description of security arrangements, creation and perfection requirements

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

9. Covenants: Positive and negative obligations of the borrower during the loan term

10. Events of Default: Circumstances constituting default and consequences

11. Enforcement: Rights and procedures for enforcing security upon default

12. Costs and Expenses: Allocation of costs, expenses, and taxes

13. Notices: Communication methods and contact details

14. Assignment and Transfer: Rights to assign or transfer the loan and/or security

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

Optional Sections

1. Guarantees: Required when third-party guarantees are part of the security package

2. Multiple Lenders: Required for syndicated loans with multiple lenders

3. Currency Provisions: Required for multi-currency facilities or cross-border transactions

4. Insurance: Detailed insurance requirements for specific types of secured assets

5. Intercreditor Provisions: Required when there are multiple creditors with different priorities

6. Tax Gross-Up and Indemnities: Detailed tax provisions for cross-border or complex transactions

7. Data Protection: Detailed privacy provisions when processing personal data is significant

8. Force Majeure: Specific provisions for handling unforeseen circumstances

Suggested Schedules

1. Conditions Precedent: List of documents and conditions required before drawdown

2. Form of Drawdown Request: Template for borrower to request loan disbursement

3. Repayment Schedule: Detailed amortization schedule if applicable

4. Security Documents: Forms of security documents and filing requirements

5. Asset Schedule: Detailed description of secured assets and their values

6. Form of Compliance Certificate: Template for periodic compliance reporting

7. Permitted Security Interests: List of pre-approved security interests

8. Form of Transfer Certificate: Template for transferring loan interests if permitted

Authors

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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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