Non Recourse Loan Agreement Template for Denmark

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Key Requirements PROMPT example:

Non Recourse Loan Agreement

Document background
The Non-Recourse Loan Agreement is primarily used in Denmark for asset-based financing where lenders agree to look solely to specific collateral for repayment. This document is essential for transactions where the borrower seeks to limit liability to particular assets, commonly used in real estate, infrastructure, or project financing. The agreement must comply with Danish financial regulations, contract law, and security registration requirements. It includes detailed provisions for collateral valuation, maintenance obligations, enforcement procedures, and specific Danish law requirements regarding security interests. The document is particularly relevant for large-scale financing where assets have significant standalone value and can be effectively segregated for security purposes.
Suggested Sections

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

2. Background: Context of the loan agreement, purpose, and basic transaction structure

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including Danish law-specific terminology

4. The Loan and Purpose: Loan amount, purpose, and confirmation of non-recourse nature

5. Conditions Precedent: Prerequisites for loan disbursement including documentation requirements

6. Drawdown: Procedures and requirements for drawing down the loan

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

8. Repayment: Repayment schedule, methods, and prepayment provisions

9. Security and Collateral: Details of assets securing the loan and registration requirements

10. Non-Recourse Provisions: Explicit limitations on recourse and exceptions if any

11. Representations and Warranties: Standard and specific representations regarding borrower and collateral

12. Covenants: Ongoing obligations regarding collateral maintenance and reporting

13. Events of Default: Default triggers and consequences, limited to collateral enforcement

14. Enforcement and Remedies: Procedures for enforcing against collateral under Danish law

15. Miscellaneous: Standard provisions including notices, amendments, and severability

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

Optional Sections

1. Tax Provisions: Required if specific tax arrangements or withholding tax applies

2. Insurance Requirements: Needed if specific insurance must be maintained on collateral

3. Hedging Obligations: Include if interest rate or currency hedging is required

4. Security Trustee Provisions: Required for syndicated loans with multiple lenders

5. Intercreditor Provisions: Needed if multiple creditors have claims on the collateral

6. Registration Requirements: Include if specific Danish registration requirements apply to the collateral

7. Consumer Protection Clauses: Required if borrower qualifies as a consumer under Danish law

Suggested Schedules

1. Schedule 1 - Loan Terms: Detailed financial terms including loan amount, interest rates, and payment dates

2. Schedule 2 - Collateral Description: Detailed description and valuation of collateral assets

3. Schedule 3 - Conditions Precedent Documents: List of required documents and conditions

4. Schedule 4 - Drawdown Request Form: Standard form for requesting loan disbursements

5. Schedule 5 - Repayment Schedule: Detailed amortization or payment schedule

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

7. Schedule 7 - Security Documents: Forms of security documents required under Danish law

8. Appendix A - Valuation Methodology: Agreed methodology for valuing collateral assets

9. Appendix B - Notice Requirements: Forms and procedures for various notices under the agreement

Authors

Relevant legal definitions
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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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