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Letter Of Credit Facility Agreement Template for Denmark

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Letter Of Credit Facility Agreement

Document background
The Letter of Credit Facility Agreement is a crucial document in international trade finance, particularly relevant under Danish jurisdiction where it must comply with both local financial regulations and EU requirements. This agreement is typically used when a company requires regular access to letters of credit for its international trade operations, establishing a formal facility rather than arranging letters of credit on a one-off basis. The document outlines the complete relationship between the bank and the borrower, including facility limits, fees, conditions for issuance, and ongoing obligations. It needs to align with Danish banking regulations, the Danish Financial Business Act, and incorporate international standards like the UCP 600. The agreement is particularly important for companies engaged in import/export activities, providing them with a reliable framework for their international trade operations while ensuring compliance with Danish legal requirements.
Suggested Sections

1. Parties: Identification of the lender (bank), borrower, and any guarantors

2. Background: Brief description of the facility's purpose and arrangement

3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and interpretation rules

4. The Facility: Core terms of the LC facility including amount, purpose, and term

5. Utilisation: Procedures and conditions for requesting and issuing Letters of Credit

6. Letters of Credit: Detailed provisions regarding LC issuance, form, UCP 600 application, and handling

7. Commission, Fees and Expenses: All charges, including LC commission, facility fees, and cost provisions

8. Tax Provisions: Tax gross-up, indemnities, and VAT treatment

9. Representations and Warranties: Standard and facility-specific representations by the borrower

10. Covenants: Positive and negative undertakings by the borrower

11. Events of Default: Circumstances constituting default and consequences

12. Changes to Parties: Transfer and assignment provisions

13. Administration: Operational aspects including calculations, notices, and amendments

14. Governing Law and Jurisdiction: Choice of Danish law and jurisdiction provisions

Optional Sections

1. Security: Required if the facility is to be secured by collateral or guarantees

2. Multiple Currency Provisions: Include if LCs can be issued in multiple currencies

3. Counter-Indemnity: Detailed indemnity provisions if required beyond standard provisions

4. Regulatory Compliance: Additional compliance requirements for regulated borrowers

5. Multiple Borrower Provisions: Required if there are multiple borrowers under the facility

6. Islamic Finance Provisions: Required if the facility needs to be Shariah-compliant

7. Sanctions and Anti-Corruption: Enhanced provisions if required for high-risk jurisdictions

Suggested Schedules

1. Conditions Precedent: List of documents and conditions required before facility effectiveness

2. Form of Utilisation Request: Standard form for requesting LC issuance

3. Form of Letter of Credit: Template LC format approved by the bank

4. Fees Schedule: Detailed breakdown of all applicable fees and charges

5. Form of Transfer Certificate: Standard form for transferring rights under the facility

6. Existing Security: Details of any existing security arrangements

7. Contact Details: Administrative and operational contact information for all parties

8. Compliance Certificate: Form for periodic compliance certification by borrower

Authors

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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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