The Facility Agreement is a fundamental document in corporate financing, used when a lender (typically a bank or financial institution) provides credit facilities to a borrower. Under Danish law, these agreements must comply with local financial regulations, the Danish Contracts Act, and relevant EU directives. The document is essential for any significant corporate borrowing, project financing, or refinancing transaction in Denmark. It contains detailed provisions covering facility terms, security arrangements, representations, covenants, and events of default. The Facility Agreement serves as the primary document governing the rights and obligations of all parties involved in the lending arrangement, incorporating specific Danish legal requirements while following international banking practices where applicable.
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Key Requirements PROMPT example:
Facility Agreement
I need a Facility Agreement for a €50 million term loan to finance a real estate development project in Copenhagen, with multiple drawdown periods throughout 2025 and including security over the property.
1. Parties: Identification of the lender(s), borrower(s), and any guarantors or other parties
2. Background: Context of the facility agreement and its purpose
3. Definitions and Interpretation: Defined terms and interpretation principles used throughout the agreement
4. The Facility: Details of the facility amount, purpose, and availability
5. Conditions Precedent: Conditions that must be satisfied before drawdown
6. Drawdown: Procedures and requirements for utilising the facility
7. Interest: Interest rate, calculation periods, and payment provisions
8. Repayment: Terms for repayment of the facility
9. Prepayment and Cancellation: Voluntary and mandatory prepayment provisions
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: Positive and negative covenants of the borrower
13. Events of Default: Circumstances that trigger default and remedies
14. Changes to Parties: Transfer and assignment provisions
15. Administration: Administrative provisions including calculations and payments
16. Notices: Communication methods and contact details
17. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions
1. Financial Covenants: Include when specific financial ratios or tests are required to be maintained
2. Security: Include when the facility is secured by assets or guarantees
3. Accordion Feature: Include when there's an option to increase the facility amount
4. Multiple Currencies: Include for facilities available in multiple currencies
5. Agent and Security Agent Provisions: Include for syndicated facilities with multiple lenders
6. Tax Gross-Up and Indemnities: Include detailed tax provisions for cross-border facilities
7. Increased Costs: Include for longer-term facilities to address regulatory changes
8. Market Disruption: Include for facilities with floating interest rates
9. Anti-Corruption and Sanctions: Include for international borrowers or lenders
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Request: Template for borrower to request utilization of the facility
3. Form of Transfer Certificate: Template for transferring commitments between lenders
4. Repayment Schedule: Detailed schedule of repayment dates and amounts
5. Form of Compliance Certificate: Template for periodic confirmation of covenant compliance
6. Existing Security: Details of any existing security over borrower assets
7. Form of Accession Deed: Template for additional parties joining the agreement
8. Contact Details: Detailed contact information for all parties
9. Form of Assignment Agreement: Template for assigning rights under the agreement
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Corporate Finance
Real Estate
Manufacturing
Infrastructure
Energy
Technology
Healthcare
Retail
Transportation
Construction
Agriculture
Telecommunications
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit
Investment Banking
Corporate Finance
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Compliance Officer
Risk Manager
Credit Manager
Relationship Manager
Investment Manager
Corporate Banking Manager
Financial Controller
General Counsel
Transaction Manager
Senior Loan Officer
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