The Inter Company Loan Agreement is used when one company within a corporate group provides financing to another group company under Danish law. This type of agreement is common for group treasury management, efficient capital allocation, and internal financing needs. The document must comply with Danish corporate law requirements, particularly regarding transfer pricing rules that require arm's length terms. It's essential for documenting intra-group financial relationships and ensuring compliance with Danish tax authority requirements. The agreement typically supports various business purposes such as working capital funding, expansion projects, or restructuring activities, while maintaining proper corporate governance within the group structure.
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Key Requirements PROMPT example:
Inter Company Loan Agreement
Need to draft an Inter Company Loan Agreement under Danish law for a €5 million loan from our Danish parent company to our German subsidiary, with quarterly interest payments and full repayment by March 2025.
1. Parties: Identification of the lender and borrower companies, including registration numbers and registered offices
2. Background: Context of the loan arrangement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. The Loan: Principal amount, currency, and purpose of the loan
5. Interest: Interest rate, calculation method, and payment dates, ensuring compliance with arm's length principles
6. Drawdown: Conditions and procedures for drawing down the loan
7. Repayment: Terms and schedule for repayment of the principal amount
8. Prepayment: Conditions and procedures for early repayment
9. Tax: Treatment of withholding tax and other tax considerations
10. Representations and Warranties: Standard corporate representations and compliance with Danish law
11. Events of Default: Circumstances constituting default and consequences
12. Transfer Pricing Compliance: Confirmation of arm's length terms and transfer pricing documentation requirements
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction
1. Security: Include when the loan is to be secured by assets or guarantees
2. Financial Covenants: Include when specific financial ratios or conditions need to be maintained
3. Subordination: Include when the loan needs to be subordinated to other debt
4. Currency Conversion: Include for loans in foreign currency with conversion provisions
5. Group Treasury Management: Include when loan is part of broader group treasury operations
6. Information Rights: Include when lender requires specific financial reporting from borrower
7. Tax Gross-Up: Include when borrower must gross up payments for withholding tax
1. Drawdown Notice: Form of notice for requesting loan disbursement
2. Repayment Schedule: Detailed schedule of repayment dates and amounts
3. Interest Rate Calculation: Detailed methodology for interest calculation and benchmark documentation
4. Transfer Pricing Documentation: Evidence of arm's length terms and comparable transactions
5. Corporate Authorizations: Copies of relevant board resolutions and powers of attorney
6. Group Structure Chart: Diagram showing relationship between lender and borrower within group
7. Tax Residence Certificates: If relevant for withholding tax purposes
Authors
Relevant legal definitions
Affiliate
Agreement
Applicable Law
Arm's Length Terms
Banking Day
Borrower
Business Day
Danish Business Authority
Danish Tax Authority
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Financial Indebtedness
Financial Year
Group
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Party/Parties
Permitted Purpose
Prepayment Date
Principal Amount
Repayment Date
Repayment Schedule
Security
Subsidiary
Tax
Transfer Pricing Documentation
Withholding Tax
Agreement
Applicable Law
Arm's Length Terms
Banking Day
Borrower
Business Day
Danish Business Authority
Danish Tax Authority
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Financial Indebtedness
Financial Year
Group
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Party/Parties
Permitted Purpose
Prepayment Date
Principal Amount
Repayment Date
Repayment Schedule
Security
Subsidiary
Tax
Transfer Pricing Documentation
Withholding Tax
Clauses
Parties
Definitions
Interpretation
The Loan
Purpose
Drawdown
Interest
Repayment
Prepayment
Payments
Tax
Representations and Warranties
Information Undertakings
General Undertakings
Transfer Pricing Compliance
Events of Default
Acceleration
Set-off
Security
Assignment and Transfer
Changes to Parties
Calculations and Certificates
Notices
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Counterparts
Governing Law
Enforcement
Jurisdiction
Definitions
Interpretation
The Loan
Purpose
Drawdown
Interest
Repayment
Prepayment
Payments
Tax
Representations and Warranties
Information Undertakings
General Undertakings
Transfer Pricing Compliance
Events of Default
Acceleration
Set-off
Security
Assignment and Transfer
Changes to Parties
Calculations and Certificates
Notices
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Counterparts
Governing Law
Enforcement
Jurisdiction
Relevant Industries
Manufacturing
Retail
Technology
Financial Services
Real Estate
Construction
Energy
Healthcare
Transportation
Professional Services
Relevant Teams
Finance
Legal
Treasury
Tax
Corporate Secretariat
Executive Management
Group Finance
Corporate Development
Financial Control
Compliance
Relevant Roles
Chief Financial Officer
Group Treasurer
Financial Controller
Tax Director
Legal Counsel
Corporate Lawyer
Finance Manager
Treasury Manager
Group Financial Controller
Head of Legal
Finance Director
Tax Manager
Company Secretary
Chief Executive Officer
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