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Parent Guarantee Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Parent Guarantee Agreement

"I need a Parent Guarantee Agreement under UAE law where our Dubai-based parent company guarantees a 5-year, AED 50 million loan facility that our subsidiary is taking from Emirates NBD Bank, with the guarantee to commence from March 1, 2025."

Document background
The Parent Guarantee Agreement is a critical instrument in UAE commercial practice, commonly used when a subsidiary company requires additional financial backing or credibility to enter into significant commercial or financial arrangements. This document is particularly relevant in scenarios where the subsidiary lacks sufficient credit history or financial strength to secure favorable terms independently. The agreement must comply with UAE Civil Code requirements and may need to consider Sharia law principles, especially regarding interest (riba) and uncertainty (gharar). The Parent Guarantee Agreement typically includes detailed provisions on the scope of guaranteed obligations, enforcement mechanisms, and the guarantor's rights and obligations. It's essential in various contexts, from project finance to general commercial transactions, and requires careful consideration of both UAE legal requirements and commercial practicalities.
Suggested Sections

1. Parties: Identification of the Guarantor (Parent Company), the Beneficiary, and the Principal Debtor (Subsidiary)

2. Background: Context of the guarantee, including details of the underlying obligation or facility being guaranteed

3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation

4. Guarantee and Indemnity: Core provisions setting out the guarantee obligations and indemnity

5. Scope of Guarantee: Specific details of what obligations are covered by the guarantee

6. Nature of Guarantee: Establishing that this is a continuing guarantee and primary obligation

7. Preservation of Rights: Provisions ensuring the guarantee remains valid despite changes to the underlying obligation

8. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition

9. Payment Mechanics: Process and requirements for making payments under the guarantee

10. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee

11. Notices: Communication procedures between parties

12. Governing Law and Jurisdiction: Confirmation of UAE law governance and jurisdiction for disputes

13. Execution: Signature blocks and execution formalities

Optional Sections

1. Tax Gross-Up: Required if payments under the guarantee might be subject to tax deductions

2. Currency Indemnity: Needed for cross-border transactions involving multiple currencies

3. Islamic Finance Provisions: Required if the guarantee needs to be Sharia-compliant

4. Change of Guarantor: Needed if there's possibility of the guarantor being replaced or additional guarantors being added

5. Amendments and Waivers: Detailed procedures for modifying the guarantee terms, needed for complex transactions

6. Transferability: Required if the guarantee rights may be assigned or transferred

7. Multiple Guarantors: Required when more than one entity is providing the guarantee

8. Financial Covenants: Needed when specific financial conditions must be maintained by the guarantor

Suggested Schedules

1. Form of Demand: Template for making a demand under the guarantee

2. Guaranteed Obligations: Detailed list or description of the obligations being guaranteed

3. Corporate Authorizations: Copies of relevant board resolutions and powers of attorney

4. Guarantor Information: Details of the guarantor's corporate information and contact details

5. Underlying Agreement: Copy or summary of the agreement giving rise to the guaranteed obligations

6. Payment Instructions: Banking and account details for payments under the guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses






























Relevant Industries

Banking and Financial Services

Construction and Real Estate

Energy and Utilities

Manufacturing

Telecommunications

Retail and Consumer Goods

Healthcare

Technology

Infrastructure

Transportation and Logistics

Mining and Natural Resources

Industrial Services

Relevant Teams

Legal

Finance

Treasury

Risk Management

Corporate Secretariat

Compliance

Corporate Development

Commercial Operations

Credit Control

Executive Management

Relevant Roles

Chief Financial Officer

General Counsel

Legal Director

Finance Director

Treasury Manager

Corporate Finance Manager

Risk Manager

Company Secretary

Commercial Director

Chief Executive Officer

Legal Counsel

Financial Controller

Credit Manager

Compliance Officer

Corporate Development Manager

Industries






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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