Credit Facilities Agreement Template for Denmark

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Credit Facilities Agreement

Document background
The Credit Facilities Agreement is a fundamental financial document used when a lender (typically a bank or financial institution) agrees to provide credit facilities to a borrower under Danish law. This agreement is essential for documenting various types of credit arrangements, including term loans, revolving facilities, and overdraft facilities. The document comprehensively addresses key aspects such as facility terms, interest calculations, security arrangements, representations and warranties, and covenant packages, all while ensuring compliance with Danish financial regulations and relevant EU directives. It's particularly important in commercial lending transactions where clear documentation of obligations, rights, and remedies is crucial for all parties involved. The agreement must incorporate specific Danish law requirements regarding interest rates, fees, and mandatory disclosure obligations, while also addressing any applicable EU banking regulations.
Suggested Sections

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

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

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

4. The Facility: Core terms of the credit facility including amount, purpose, and availability period

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

6. Utilization: Process and requirements for drawing down the facility

7. Interest: Interest calculation, periods, and payment terms, including default interest

8. Fees: All applicable fees including arrangement, commitment, and prepayment fees

9. Repayment: Terms and schedule for repayment of the facility

10. Prepayment and Cancellation: Provisions for voluntary and mandatory prepayment and facility cancellation

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

12. Information Undertakings: Borrower's obligations to provide financial and other information

13. General Undertakings: Borrower's general obligations and restrictions during the facility period

14. Events of Default: Circumstances constituting default and consequences

15. Changes to Parties: Provisions regarding assignment, transfer, and succession

16. Administration: Administrative provisions including calculations and payments

17. Notices: Communication requirements and contact details

18. Governing Law and Jurisdiction: Confirmation of Danish law governance and jurisdiction provisions

Optional Sections

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

2. Guarantees: Required if there are guarantors - terms of guarantee and guarantor obligations

3. Multiple Lenders: Required for syndicated facilities - provisions governing lender relationships and decision-making

4. Accordion Feature: Optional provision allowing for future increase in facility amount

5. Green Loan Provisions: Required for green/sustainable facilities - specific terms and reporting requirements

6. Currency Provisions: Required for multi-currency facilities - currency conversion and availability terms

7. Tax Gross-Up and Indemnities: Detailed tax provisions required for cross-border or complex arrangements

8. Regulatory Compliance: Additional regulatory requirements for specific types of borrowers or facilities

Suggested Schedules

1. Conditions Precedent: Detailed list of required documents and conditions

2. Form of Utilization Request: Standard form for drawing down the facility

3. Repayment Schedule: Detailed breakdown of repayment dates and amounts

4. Form of Transfer Certificate: Standard form for transferring facility participations

5. Security Documents: Forms of security documents and perfection requirements

6. Compliance Certificate: Template for periodic compliance certification

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

8. Contact Details: Comprehensive list of administrative and notice details

Authors

Relevant legal definitions
Relevant Industries
Relevant Teams
Relevant Roles
Industries
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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