Loan Commitment Agreement Template for Denmark

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Loan Commitment Agreement

Document background
The Loan Commitment Agreement is a crucial financial document used in the Danish market when a lender agrees to make financing available to a borrower for a specific purpose and period. This document type is essential in commercial lending transactions, establishing the framework for the future loan relationship before the actual disbursement of funds. The agreement, governed by Danish law, outlines all critical aspects of the commitment, including the facility amount, availability period, conditions for drawdown, pricing, and key protections for both lender and borrower. It must comply with Danish financial regulations, including the Danish Financial Business Act and Credit Agreements Act, and typically precedes the actual loan agreement. The document is particularly important in project financing, corporate lending, and real estate transactions where securing committed funding is crucial for business planning.
Suggested Sections

1. Parties: Identification of the lender and borrower with full legal names and registration details

2. Background: Context of the loan commitment, including purpose and any relevant pre-existing relationships

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

4. The Commitment: Details of the loan commitment, including amount, purpose, and availability period

5. Conditions Precedent: Conditions that must be satisfied before the loan can be drawn

6. Drawdown Mechanics: Procedures and requirements for requesting and making drawdowns

7. Interest and Fees: Interest rate provisions, commitment fees, and other applicable charges

8. Repayment and Prepayment: Terms for repayment and any voluntary or mandatory prepayment provisions

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

10. Covenants: Ongoing obligations of the borrower during the commitment period

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

12. Changes to Parties: Provisions regarding assignment and transfer rights

13. Notices: Communication procedures between parties

14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

15. Execution: Signature blocks and execution requirements

Optional Sections

1. Security: Include when the loan commitment requires security or guarantees

2. Syndication Provisions: Include for loan commitments that may be syndicated to multiple lenders

3. Tax Provisions: Detailed tax provisions when cross-border elements or specific tax considerations apply

4. Currency Provisions: Include when the loan may be drawn in multiple currencies

5. Market Disruption: Include for floating rate loans to address market disruption scenarios

6. Increased Costs and Illegality: Include when regulatory changes might affect the lender's costs or ability to lend

7. Green Loan Provisions: Include when the loan commitment has environmental or sustainability conditions

Suggested Schedules

1. Form of Drawdown Request: Template for borrower to request drawdown under the commitment

2. Conditions Precedent Documents: Detailed list of required documents and conditions

3. Calculation of Interest Rate: Detailed methodology for calculating applicable interest rates

4. Form of Compliance Certificate: Template for periodic compliance certification by borrower

5. Permitted Security: List of security interests permitted under the agreement

6. Permitted Financial Indebtedness: List of other permitted borrowings and financial obligations

7. Form of Transfer Certificate: Template for transferring commitments between lenders

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

Authors

Relevant legal definitions
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Relevant Industries
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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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