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Facility Agreement
1. Parties: Identification of the lender(s), borrower(s), and any guarantors or other parties
2. Background: Context of the facility agreement and its purpose
3. Definitions and Interpretation: Defined terms and interpretation principles used throughout the agreement
4. The Facility: Details of the facility amount, purpose, and availability
5. Conditions Precedent: Conditions that must be satisfied before drawdown
6. Drawdown: Procedures and requirements for utilising the facility
7. Interest: Interest rate, calculation periods, and payment provisions
8. Repayment: Terms for repayment of the facility
9. Prepayment and Cancellation: Voluntary and mandatory prepayment provisions
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Information Undertakings: Obligations to provide financial and other information
12. General Undertakings: Positive and negative covenants of the borrower
13. Events of Default: Circumstances that trigger default and remedies
14. Changes to Parties: Transfer and assignment provisions
15. Administration: Administrative provisions including calculations and payments
16. Notices: Communication methods and contact details
17. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions
1. Financial Covenants: Include when specific financial ratios or tests are required to be maintained
2. Security: Include when the facility is secured by assets or guarantees
3. Accordion Feature: Include when there's an option to increase the facility amount
4. Multiple Currencies: Include for facilities available in multiple currencies
5. Agent and Security Agent Provisions: Include for syndicated facilities with multiple lenders
6. Tax Gross-Up and Indemnities: Include detailed tax provisions for cross-border facilities
7. Increased Costs: Include for longer-term facilities to address regulatory changes
8. Market Disruption: Include for facilities with floating interest rates
9. Anti-Corruption and Sanctions: Include for international borrowers or lenders
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Request: Template for borrower to request utilization of the facility
3. Form of Transfer Certificate: Template for transferring commitments between lenders
4. Repayment Schedule: Detailed schedule of repayment dates and amounts
5. Form of Compliance Certificate: Template for periodic confirmation of covenant compliance
6. Existing Security: Details of any existing security over borrower assets
7. Form of Accession Deed: Template for additional parties joining the agreement
8. Contact Details: Detailed contact information for all parties
9. Form of Assignment Agreement: Template for assigning rights under the agreement
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