Margin Loan Agreement

Margin Loan Agreement Template for Denmark

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Document background

The Margin Loan Agreement is essential for financial institutions and investors engaging in securities-based lending in Denmark. This document is used when a lender provides credit facilities secured by a portfolio of financial instruments, requiring detailed provisions for ongoing margin maintenance and collateral management. The agreement must comply with Danish financial regulations, including the Financial Business Act and Capital Markets Act, as well as relevant EU regulations implemented in Danish law. It typically includes comprehensive provisions for calculating loan-to-value ratios, making margin calls, and enforcing security interests. The Margin Loan Agreement is particularly important in investment and wealth management contexts, where it facilitates leverage while managing risk through collateral arrangements and strict margin requirements.

Suggested Sections

1. Parties: Identification of the lender and borrower, including registration numbers and addresses

2. Background: Context of the agreement and general purpose of the margin loan facility

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and interpretation rules

4. The Facility: Details of the loan facility, including amount, purpose, and availability

5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

6. Collateral Arrangements: Provisions regarding the pledging and maintenance of collateral securities

7. Margin Requirements: Specification of initial margin, maintenance margin requirements, and calculation methods

8. Margin Calls: Procedures for margin calls, timing, and requirements for meeting margin calls

9. Interest and Fees: Interest calculation, payment provisions, and applicable fees

10. Representations and Warranties: Standard and specific representations and warranties from the borrower

11. Covenants: Ongoing obligations of the borrower during the term of the facility

12. Events of Default: Circumstances constituting default and consequences thereof

13. Enforcement Rights: Lender's rights and procedures for enforcing security upon default

14. Payments and Calculations: Payment mechanics, calculation conventions, and currency provisions

15. Tax Provisions: Tax-related obligations and gross-up provisions

16. General Provisions: Standard boilerplate provisions including notices, amendments, and assignments

Optional Sections

1. Multi-currency Provisions: Additional provisions for facilities offered in multiple currencies - include when the facility is multi-currency

2. Guarantee Provisions: Provisions relating to any guarantees of the borrower's obligations - include when there are guarantors

3. Additional Security Documents: References to additional security documentation - include when complex security arrangements exist

4. Portfolio Management: Provisions regarding active management of collateral portfolio - include for sophisticated clients

5. Client Classification: Specific provisions based on MiFID client classification - include for retail clients

6. Consumer Protection Provisions: Additional protective provisions - include when borrower is a consumer under Danish law

Suggested Schedules

1. Schedule 1 - Facility Parameters: Detailed terms of the facility including amounts, interest rates, and fees

2. Schedule 2 - Eligible Collateral: List of acceptable collateral securities and their respective margin values

3. Schedule 3 - Margin Calculations: Detailed methodology for calculating margin requirements and valuation procedures

4. Schedule 4 - Form of Margin Call Notice: Standard form for margin call notifications

5. Schedule 5 - Contact Details: Contact information for notices and margin calls

6. Schedule 6 - Standing Settlement Instructions: Payment and settlement account details

7. Appendix A - Form of Compliance Certificate: Standard form for periodic compliance certification

8. Appendix B - Security Release Procedure: Procedures for releasing or substituting collateral securities

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