A Loan Note is a fundamental financing document used to formalize lending arrangements under Danish law. It is typically employed when a party requires formal documentation of a loan transaction, whether for corporate financing, real estate acquisition, or other commercial purposes. The document serves multiple functions: it evidences the debt, sets out the terms of repayment, establishes security arrangements (if any), and provides legal protection for both lender and borrower. The Loan Note must comply with Danish legal requirements, including the Danish Contracts Act (Aftaleloven), Interest Act (Renteloven), and where applicable, financial regulations. It is particularly important in commercial lending scenarios where clear documentation of obligations and rights is essential for risk management and potential enforcement.
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Key Requirements PROMPT example:
Loan Note
I need a Loan Note under Danish law for a €5 million secured corporate loan to be made by our investment fund to a Danish manufacturing company, with quarterly interest payments and a maturity date of January 15, 2025.
1. Parties: Identification of the lender and borrower with full legal names, registration numbers, and addresses
2. Background: Context of the loan, purpose, and any relevant pre-conditions or prior agreements
3. Definitions: Definitions of key terms used throughout the loan note
4. Principal Amount: The amount of the loan, currency, and disbursement details
5. Interest: Interest rate, calculation method, payment frequency, and default interest provisions
6. Repayment: Repayment schedule, payment methods, and prepayment provisions
7. Representations and Warranties: Standard declarations by the borrower about their legal status and capacity
8. Events of Default: Circumstances that trigger default and consequences thereof
9. Notices: Communication methods and contact details for formal notices
10. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and jurisdiction for disputes
11. Execution: Signature blocks and execution requirements
1. Security: Include when the loan is secured by collateral or guarantees
2. Financial Covenants: Include for corporate borrowers when specific financial metrics must be maintained
3. Information Undertakings: Include when regular financial or other reporting is required from the borrower
4. Tax Gross-up: Include when tax implications need to be addressed, particularly for cross-border loans
5. Assignment and Transfer: Include when the note is intended to be transferable
6. Costs and Expenses: Include when arrangement fees or legal costs need to be allocated
7. Force Majeure: Include when specific events beyond parties' control need to be addressed
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Form of Disbursement Request: Standard form for requesting loan disbursements
3. Form of Compliance Certificate: Template for periodic confirmation of covenant compliance
4. Security Documents: Details of any security arrangements and related documentation
5. Conditions Precedent: List of documents and conditions required before disbursement
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Private Equity
Manufacturing
Construction
Technology
Energy
Infrastructure
Healthcare
Retail
Professional Services
Relevant Teams
Legal
Finance
Treasury
Credit
Risk Management
Compliance
Corporate Secretariat
Investment
Commercial
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Loan Officer
Credit Manager
Risk Manager
Investment Manager
Commercial Director
Business Development Manager
Company Secretary
Compliance Officer
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