Intragroup Loan Agreement Template for Denmark

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Intragroup Loan Agreement

Document background
The Intragroup Loan Agreement is essential for documenting and governing financial arrangements between related entities within a corporate group under Danish law. It is typically used when one group entity provides financing to another, whether for operational needs, expansion projects, or restructuring purposes. The agreement must comply with Danish corporate law requirements, particularly the Danish Companies Act (Selskabsloven) and tax regulations regarding transfer pricing and thin capitalization. The document includes comprehensive terms covering loan amount, interest rates, repayment schedules, and security arrangements, while ensuring arm's length terms to satisfy regulatory requirements. This agreement type is particularly relevant for Danish companies or international groups with Danish operations seeking to establish formal, compliant intragroup financing structures.
Suggested Sections

1. Parties: Identification of the lender and borrower entities, including registration numbers and addresses

2. Background: Description of the group relationship and purpose of the loan

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

4. The Loan: Principal amount, currency, and purpose of the loan

5. Interest: Interest rate, calculation method, and payment dates, ensuring compliance with arm's length principles

6. Drawdown: Conditions precedent and mechanics for drawing the loan

7. Repayment: Terms and schedule for repayment of principal

8. Prepayment: Provisions for voluntary and mandatory prepayment

9. Tax Provisions: Withholding tax and other tax-related provisions

10. Representations and Warranties: Standard corporate representations and intragroup-specific warranties

11. Information Undertakings: Requirements for financial and corporate information sharing

12. General Undertakings: Standard borrower covenants and group-specific obligations

13. Events of Default: Circumstances allowing acceleration of the loan

14. Changes to Parties: Assignment and transfer provisions within the group context

15. Notices: Communication procedures between parties

16. Calculations and Certificates: Administrative provisions for calculations and certifications

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

Optional Sections

1. Security: Required if the loan is to be secured by any assets or guarantees

2. Subordination: Needed if the loan is to be subordinated to other group or external debt

3. Currency Provisions: Required for multi-currency loans or if exchange rate provisions are needed

4. Regulatory Compliance: Required if either party is subject to specific financial regulations

5. Group Treasury Provisions: Optional provisions for integration with group treasury management

6. Set-off Rights: Specific provisions for setting off amounts against other intragroup obligations

7. Tax Gross-up: Optional provisions for tax gross-up if required by group policy

8. Break Costs: Required for fixed-rate loans or specific interest arrangements

Suggested Schedules

1. Form of Drawdown Request: Standard form for requesting loan disbursements

2. Repayment Schedule: Detailed schedule of repayment dates and amounts

3. Calculation of Interest Rate: Detailed methodology for interest rate calculation and benchmarking

4. Transfer Pricing Documentation: Documentation supporting arm's length nature of loan terms

5. Form of Compliance Certificate: Template for periodic compliance certification

6. Group Structure Chart: Current group structure showing relationship between parties

7. Required Approvals: List of corporate and regulatory approvals obtained

8. Security Details: Details of any security provided (if applicable)

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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