Loan And Guarantee Agreement

Loan And Guarantee Agreement Template for Denmark

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Document background

The Loan and Guarantee Agreement is a crucial financial document used when a borrower requires funding with additional security provided by a third-party guarantor. This agreement is particularly relevant in the Danish market where strong legal protections for both lenders and guarantors are essential. The document serves multiple purposes: it establishes the primary lending relationship, defines the guarantee obligations, and ensures compliance with Danish financial regulations and EU requirements. The agreement is commonly used in corporate financing, project finance, and significant commercial transactions where additional security beyond the borrower's own covenant is required. It includes comprehensive provisions covering loan disbursement, repayment terms, guarantee scope, enforcement rights, and specific protections required under Danish law. The document must comply with Danish financial services regulations, contract law principles, and where applicable, consumer protection legislation.

Suggested Sections

1. Parties: Identification of all parties: Lender, Borrower, and Guarantor(s), including full legal names, registration numbers, and addresses

2. Background: Context of the loan and guarantee arrangement, including the purpose of the loan and the basis for the guarantee

3. Definitions: Definitions of key terms used throughout the agreement, including financial terms, dates, and technical references

4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of the loan proceeds

5. Interest and Fees: Details of interest rate(s), calculation methods, payment periods, and any applicable fees

6. Repayment Terms: Repayment schedule, payment methods, prepayment provisions, and consequences of late payment

7. Guarantee Provisions: Scope of the guarantee, nature (whether demand or conditional), and extent of the guarantor's liability

8. Representations and Warranties: Statements of fact and assurances from both the borrower and guarantor

9. Covenants: Ongoing obligations of the borrower and guarantor during the life of the loan

10. Events of Default: Circumstances constituting default and their consequences

11. Enforcement: Rights and procedures for enforcing the loan and guarantee obligations

12. Notices: Communication requirements and contact details for all parties

13. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and jurisdiction for disputes

14. Execution: Signature blocks and execution requirements for all parties

Optional Sections

1. Security: Include when additional security beyond the guarantee is provided, detailing the nature and terms of the security

2. Multiple Guarantors: Include when there is more than one guarantor, specifying joint and several liability and relationships between guarantors

3. Currency Provisions: Include for loans in foreign currency, addressing exchange rate risks and conversion procedures

4. Tax Provisions: Include when specific tax implications need to be addressed, particularly for cross-border arrangements

5. Assignment and Transfer: Include when rights under the agreement may be transferred or assigned

6. Data Protection: Include when personal data processing is involved, ensuring GDPR compliance

7. Force Majeure: Include when specific circumstances beyond parties' control need to be addressed

8. Step-In Rights: Include when the lender may need rights to take control in specific circumstances

9. Subordination: Include when the loan needs to be subordinated to other debt

10. Financial Covenants: Include when specific financial metrics need to be maintained

Suggested Schedules

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Interest Calculation Examples: Examples showing how interest will be calculated in various scenarios

3. Form of Drawdown Notice: Template for requesting disbursement of loan funds

4. Form of Compliance Certificate: Template for periodic confirmation of compliance with agreement terms

5. Security Documents: Copies or forms of any security documents referenced in the agreement

6. Financial Statements: Recent financial statements of borrower and/or guarantor

7. Corporate Authorizations: Copies of relevant corporate approvals and authorizations

8. Know Your Customer Documentation: Required identification and verification documents for all parties

9. Conditions Precedent Documents: List and copies of all required pre-disbursement documents

10. Guarantor's Asset Statement: Declaration of guarantor's assets and financial position

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