Revolving Credit Agreement Template for Denmark

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Revolving Credit Agreement

Document background
The Revolving Credit Agreement serves as a fundamental financing tool in the Danish market, providing businesses with flexible access to working capital and general corporate funding. This document is typically used when a borrower requires ongoing access to credit with the ability to draw down and repay funds multiple times within an agreed facility limit. The agreement must comply with Danish law requirements, including the Danish Credit Agreements Act and Financial Business Act, while also adhering to EU financial regulations. It contains detailed provisions covering facility terms, conditions for drawdown, interest calculations, repayment mechanisms, and various protections for both lender and borrower. The document is particularly suitable for businesses with fluctuating capital needs or seasonal working capital requirements, offering more flexibility than a traditional term loan.
Suggested Sections

1. Parties: Identification of the lender, borrower, and any other parties to the agreement

2. Background: Context of the agreement and brief description of the parties' intentions

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

4. The Facility: Description of the revolving credit facility, including amount, purpose, and revolving nature

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

6. Utilisation: Process and requirements for drawing down the facility

7. Repayment and Prepayment: Terms for regular repayment and voluntary/mandatory prepayment provisions

8. Interest: Interest rate, calculation methods, and payment terms

9. Fees: Commitment fees, arrangement fees, and other applicable charges

10. Tax Gross Up and Indemnities: Tax-related provisions and associated indemnities

11. Representations and Warranties: Borrower's representations and warranties

12. Information Undertakings: Borrower's obligations to provide financial and other information

13. General Undertakings: Borrower's general obligations and covenants

14. Events of Default: Circumstances constituting default and consequences

15. Changes to Parties: Provisions for transfer, assignment, and delegation

16. Payment Mechanics: Payment procedures, currencies, and set-off rights

17. Notices: Communication methods and contact details

18. Calculations and Certificates: Rules for calculations and validity of certificates

19. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions

Optional Sections

1. Financial Covenants: Financial ratios and tests - include when specific financial metrics need to be maintained

2. Security: Security arrangements - include when the facility is secured

3. Guarantee: Guarantee provisions - include when there are guarantors

4. Increased Costs: Provisions for regulatory or law changes affecting costs - include for longer-term facilities

5. Market Disruption: Provisions for market disruption events - include when using market-based interest rates

6. Multi-currency Provisions: Rules for multiple currencies - include if facility can be drawn in different currencies

7. Reference Bank Provisions: Reference bank arrangements - include when using interbank rates

8. Sustainability-Linked Provisions: ESG-related terms and metrics - include for green/sustainable facilities

Suggested Schedules

1. Conditions Precedent: Detailed list of required documents and conditions

2. Utilisation Request Form: Standard form for requesting drawdowns

3. Repayment Schedule: If applicable, schedule of repayment dates and amounts

4. Compliance Certificate: Form of compliance certificate for financial covenants

5. Commitment Schedule: Details of commitments if multiple lenders

6. Forms of Transfer Certificates: Standard forms for transfers and assignments

7. Contact Details: Detailed contact information for all parties

8. Pricing Schedule: Detailed pricing terms, including margin ratchets if applicable

9. Security Documents: List and copies of security documents if secured facility

Authors

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Credit Agreements Act (Kreditaftaleloven): Primary legislation governing credit agreements in Denmark, implementing EU Consumer Credit Directive. Covers mandatory provisions for credit agreements, including disclosure requirements and consumer rights.
Danish Financial Business Act (Lov om finansiel virksomhed): Regulates financial institutions and their activities, including lending practices and regulatory requirements for credit providers.
Danish Contracts Act (Aftaleloven): Provides the fundamental legal framework for contract formation, validity, and enforcement in Denmark. Essential for the basic contractual structure of the credit agreement.
Danish Interest Act (Renteloven): Governs interest rates and late payment charges in commercial relationships, crucial for defining interest terms in credit agreements.
Danish Consumer Protection Act (Forbrugeraftaleloven): Provides additional protection for consumers in financial agreements, including right of withdrawal and information requirements.
Danish Payment Services Act (Betalingsloven): Regulates payment services and electronic money, relevant for payment processing aspects of revolving credit.
GDPR and Danish Data Protection Act: Governs the processing of personal data in credit agreements, including credit assessments and ongoing account management.
Danish Marketing Practices Act (Markedsføringsloven): Regulates marketing of financial products and services, including requirements for fair and transparent marketing of credit facilities.
Danish Money Laundering Act (Hvidvaskloven): Sets requirements for customer due diligence and monitoring of financial transactions, applicable to credit providers.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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