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Acquiring a Danish company - Financing The Acquisition Using the Target's Funds

Abstract

Acquiring a Danish company poses much the same challenges as acquiring a company in most other jurisdictions. However under Danish law issues may arise relating to the financing of the acquisition and the post-acquisition cash flow of the acquired Danish companies. The issues arise as a result of limitations that are only to some extent found in other jurisdictions , and thus are often the obstacle that acquirors not familiar with Danish law will face. This article will provide an overview of the limitations relating to the financing of an acquisition of a Danish company and the most common ways an acquiror can structure the acquisition around these limitations.

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Author

Portrait image of David Hjortsø
David Hjortsø
Deputy Head of Legal DK, Danske Bank, Denmark

David Hjortsø worked in TDC A/S (Danish incumbent telco) from 2006-2009. TDC was subject to the then largest European Private Equity take-over, and I have been involved in the divestment of a large number of TDC's Danish and International subsidiaries, as well as the implementation of and compliance with TDC's bank facilities. * Currently work in Danske Bank A/S (Denmarks largest bank), where David is Deputy Head of the Danish legal department.

Company

Danske Bank

Danske Bank A/S is Denmarks largest bank, and is present in all of Scandinavia, the Baltics, Ireland, Northerne Ireland, England, Hamburg and New York.

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