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Loan Note Agreement Template for Denmark

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Key Requirements PROMPT example:

Loan Note Agreement

I need a Loan Note Agreement under Danish law for a €5 million corporate loan from our investment fund to a Danish technology company, with quarterly interest payments and full repayment due by March 2025.

What is a Loan Note Agreement?

The Loan Note Agreement is a fundamental financing document used in Danish corporate and financial transactions to formalize debt arrangements between parties. It serves as both a debt instrument and a detailed contract, typically used when companies or individuals need to document medium to long-term borrowing arrangements in a transferable format. The agreement must comply with Danish law, particularly the Danish Contracts Act and Financial Business Act, while also considering relevant EU regulations. This document type is especially relevant for structured financing, corporate bonds, and private placement transactions, where detailed terms of borrowing, interest calculations, and repayment schedules need to be clearly documented. The Loan Note Agreement includes comprehensive provisions covering issuance, interest, repayment, events of default, and security arrangements, making it suitable for both simple and complex lending structures.

What sections should be included in a Loan Note Agreement?

1. Parties: Identifies and defines the Lender, Borrower, and any other parties to the agreement

2. Background: Sets out the context and purpose of the loan note agreement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. The Notes: Details the principal amount, issuance, and basic terms of the loan notes

5. Subscription and Issuance: Describes the process for subscribing to and issuing the notes

6. Interest: Specifies interest rate, calculation method, and payment dates

7. Repayment and Redemption: Details the terms for repayment of principal and any early redemption provisions

8. Payments: Specifies payment mechanics, currency, and business day conventions

9. Events of Default: Lists circumstances constituting default and consequences

10. Representations and Warranties: Sets out the legal promises made by each party

11. Covenants: Details ongoing obligations of the parties during the term of the notes

12. Transferability: Specifies whether and how the notes can be transferred

13. Notices: Details how formal communications between parties should be made

14. Governing Law and Jurisdiction: Confirms Danish law as governing law and specifies courts with jurisdiction

15. Miscellaneous: Contains standard boilerplate provisions including severability, entire agreement, and amendments

What sections are optional to include in a Loan Note Agreement?

1. Security: Include when the notes are secured by collateral or guarantees

2. Tax Provisions: Include detailed tax provisions when cross-border elements exist or specific tax treatments apply

3. Subordination: Include when the notes need to be subordinated to other debt

4. Register of Noteholders: Include when multiple noteholders are contemplated and formal registration is required

5. Noteholders' Meetings: Include when there are multiple noteholders and collective decision-making procedures are needed

6. Agent Provisions: Include when an agent is appointed to act on behalf of multiple noteholders

7. Currency Conversion: Include for multi-currency notes or when payments may be made in different currencies

8. Information Undertakings: Include when regular financial or other reporting is required

What schedules should be included in a Loan Note Agreement?

1. Form of Note: Template for the physical or electronic form of the note certificate

2. Conditions Precedent: List of documents and conditions required before notes can be issued

3. Repayment Schedule: Detailed schedule of repayment dates and amounts

4. Interest Calculation Examples: Examples showing how interest will be calculated in various scenarios

5. Form of Transfer Certificate: Template for documenting transfers of notes between holders

6. Security Documents: If applicable, details of security arrangements and collateral

7. Financial Covenants: Detailed financial ratios and calculations if applicable

8. Notice Details: Contact information and address details for all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions










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Relevant Industries

Financial Services

Banking

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Corporate Finance

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Legal

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Corporate Secretariat

Credit

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Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Investment Manager

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Corporate Secretary

Financial Controller

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