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Subordinate Loan Agreement
1. Parties: Identification of the lender and borrower
2. Background: Context of the subordinated loan and its purpose
3. Definitions and Interpretation: Key terms used in the agreement and rules of interpretation
4. The Subordinated Loan: Amount, purpose, and disbursement terms of the loan
5. Subordination and Ranking: Provisions establishing the subordinated nature of the loan and its ranking in relation to other debt
6. Interest: Interest rate, calculation methods, and payment terms
7. Repayment: Terms and conditions for repayment of the principal amount
8. Payment Mechanics: Procedures and requirements for making payments
9. Payment Restrictions: Conditions under which payments are restricted or prohibited
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: General obligations of the borrower
13. Events of Default: Circumstances constituting default and consequences
14. Changes to Parties: Rules regarding assignment and transfer
15. Notices: Communication requirements and contact details
16. Calculations and Certificates: Rules for calculations and evidence of amounts due
17. Remedies and Waivers: Rights and remedies of the lender
18. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions
1. Security: Required if any security is provided for the subordinated loan, though uncommon
2. Tax Gross-Up: Include if tax gross-up provisions are relevant to the transaction
3. Regulatory Capital Requirements: Required if the borrower is a regulated entity and the loan is intended to qualify as regulatory capital
4. Subordinated Lenders' Decisions: Required if there are multiple subordinated lenders
5. Senior Creditor Rights: Include if specific provisions regarding senior creditor rights are needed
6. Currency Provisions: Required if the loan is in a currency other than Danish Krone
7. Costs and Expenses: Optional section detailing transaction costs and ongoing expenses
8. Set-off Rights: Include if set-off rights are to be specifically addressed
1. Form of Disbursement Request: Standard form for requesting disbursement of the loan
2. Conditions Precedent: List of documents and conditions required before disbursement
3. Form of Compliance Certificate: Template for periodic compliance certification
4. Repayment Schedule: If applicable, schedule of repayment dates and amounts
5. Form of Transfer Certificate: Template for transferring rights and obligations under the agreement
6. Existing Indebtedness: List of borrower's existing debt and their ranking
7. Calculation of Interest: Detailed methodology for interest calculations
8. Contact Details: Detailed contact information for all parties
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