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Letter Of Credit Facility Agreement
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
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
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
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