The Intra Group Loan Agreement is essential for documenting financial arrangements between related entities within a corporate group under Danish law. It is typically used when one group entity provides financing to another, whether for working capital, expansion, acquisition, or other business purposes. The agreement must comply with Danish legal requirements, including transfer pricing regulations, thin capitalization rules, and corporate benefit considerations. It needs to demonstrate arm's length terms to satisfy tax authorities and include appropriate corporate governance provisions. The document should be tailored to address specific requirements of Danish law while maintaining group treasury policies and ensuring proper risk allocation between group entities.
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Key Requirements PROMPT example:
Intra Group Loan Agreement
I need a Danish law Intra Group Loan Agreement for a EUR 2 million loan from our parent company to our Danish subsidiary, with quarterly interest payments and full repayment by March 2025.
1. Parties: Identification of the lender and borrower entities, including registration numbers and addresses
2. Background: Context of the intra-group loan, relationship between the parties, and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. The Loan: Principal amount, currency, and basic terms of the loan
5. Interest: Interest rate, calculation method, payment dates, and default interest provisions
6. Drawdown: Conditions and procedures for drawing down the loan
7. Repayment: Terms and schedule for repayment of the loan
8. Prepayment: Conditions and procedures for early repayment
9. Representations and Warranties: Standard representations and warranties from both parties
10. Tax Provisions: Provisions regarding withholding tax, tax deductions, and transfer pricing compliance
11. Events of Default: Circumstances constituting default and consequences
12. Notices: Communication procedures between parties
13. Assignment: Restrictions on transfer or assignment of rights and obligations
14. Governing Law and Jurisdiction: Confirmation of Danish law governance and jurisdiction
15. Execution: Signature blocks and execution formalities
1. Security: Include if the loan is to be secured by any assets or guarantees
2. Subordination: Include if the loan needs to be subordinated to other group debt
3. Financial Covenants: Include if specific financial ratios or conditions need to be maintained
4. Information Undertakings: Include if specific reporting requirements are needed beyond standard group reporting
5. Tax Gross-Up: Include if there are specific provisions for tax gross-up between jurisdictions
6. Currency Provisions: Include if loan and payments are in different currencies requiring conversion provisions
7. Set-off Rights: Include if specific set-off rights need to be addressed
8. Costs and Expenses: Include if there are specific provisions about who bears transaction costs
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Form of Drawdown Notice: Standard form for requesting drawdown of the loan
3. Interest Rate Calculation: Detailed methodology for calculating interest
4. Transfer Pricing Documentation: Documentation supporting the arm's length nature of the loan terms
5. Corporate Authorizations: Copies of relevant board resolutions and powers of attorney
6. Group Structure Chart: Diagram showing relationship between the parties within the group
7. Existing Indebtedness: Details of other relevant group loans or financial obligations
Authors
Relevant legal definitions
Agreement
Affiliate
Applicable Law
Availability Period
Banking Day
Borrower
Business Day
Change of Control
Commitment
Default
Default Interest
Default Interest Rate
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Final Repayment Date
Financial Indebtedness
Financial Year
Group
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Parent Company
Parties
Principal Amount
Repayment Date
Repayment Schedule
Security
Subsidiary
Tax
Transfer Pricing Requirements
Danish Business Authority
Danish Tax Authority
Danish Interest Act
Permitted Purpose
Related Party
Signing Date
Thin Capitalization Rules
Transfer
Utilization
VAT
Working Capital
Affiliate
Applicable Law
Availability Period
Banking Day
Borrower
Business Day
Change of Control
Commitment
Default
Default Interest
Default Interest Rate
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Final Repayment Date
Financial Indebtedness
Financial Year
Group
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Parent Company
Parties
Principal Amount
Repayment Date
Repayment Schedule
Security
Subsidiary
Tax
Transfer Pricing Requirements
Danish Business Authority
Danish Tax Authority
Danish Interest Act
Permitted Purpose
Related Party
Signing Date
Thin Capitalization Rules
Transfer
Utilization
VAT
Working Capital
Clauses
Loan Facility
Interest
Repayment
Prepayment
Security
Conditions Precedent
Representations and Warranties
Undertakings
Events of Default
Tax Gross-Up
Transfer Pricing
Costs and Expenses
Payment Mechanics
Set-Off
Assignment and Transfer
Amendments and Waivers
Confidentiality
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Counterparts
Third Party Rights
Governing Law
Enforcement
Jurisdiction
Service of Process
Interest
Repayment
Prepayment
Security
Conditions Precedent
Representations and Warranties
Undertakings
Events of Default
Tax Gross-Up
Transfer Pricing
Costs and Expenses
Payment Mechanics
Set-Off
Assignment and Transfer
Amendments and Waivers
Confidentiality
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Counterparts
Third Party Rights
Governing Law
Enforcement
Jurisdiction
Service of Process
Relevant Industries
Manufacturing
Technology
Financial Services
Retail
Energy
Healthcare
Real Estate
Infrastructure
Transportation
Telecommunications
Professional Services
Consumer Goods
Industrial Products
Relevant Teams
Legal
Finance
Treasury
Tax
Compliance
Accounting
Corporate Governance
Risk Management
Internal Audit
Relevant Roles
Chief Financial Officer
Treasury Manager
Financial Controller
Tax Director
Legal Counsel
Corporate Lawyer
Finance Director
Group Treasurer
Financial Planning Manager
Tax Manager
Company Secretary
Compliance Officer
Financial Analyst
Treasury Analyst
Group Accountant
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