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Loan Guarantor Agreement
"I need a Loan Guarantor Agreement under Dutch law where our parent company will guarantee a €5 million business loan to our subsidiary, with the guarantee period starting from March 2025 and including specific financial covenants and reporting requirements."
1. Parties: Identification of the Guarantor, Lender, and Primary Debtor, including full legal names and addresses
2. Background: Context of the guarantee, reference to the primary loan agreement, and purpose of this guarantee agreement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Guaranteed Obligations', 'Security', and 'Event of Default'
4. Guarantee and Indemnity: Core section detailing the scope of the guarantee, including the guarantor's primary obligations and indemnification provisions
5. Nature of Guarantee: Specification that this is a continuing guarantee and details about its irrevocable nature
6. Guarantor's Representations and Warranties: Guarantor's confirmations regarding their capacity, authority, and financial condition
7. Payment Mechanics: Details of how and when payments must be made, including currency and payment instructions
8. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee
9. Duration and Release: Term of the guarantee and conditions for its termination or release
10. Communications: Methods and requirements for formal notices between parties
11. Governing Law and Jurisdiction: Confirmation of Dutch law as governing law and jurisdiction for disputes
1. Security: Include when the guarantee is supported by specific security arrangements or collateral
2. Consumer Protection Provisions: Required when the guarantor is a natural person acting outside their profession or business
3. Multiple Guarantors: Include when there is more than one guarantor, detailing joint and several liability
4. Subordination: Include when the guarantor's rights need to be subordinated to other creditors
5. Tax Gross-Up: Include when tax implications need to be addressed explicitly
6. Currency Indemnity: Include for cross-border transactions involving multiple currencies
7. Financial Covenants: Include when specific financial conditions must be maintained by the guarantor
8. Power of Attorney: Include when the lender needs specific powers to act on behalf of the guarantor in certain circumstances
1. Primary Loan Agreement: Copy or summary of the main loan agreement being guaranteed
2. Guaranteed Obligations: Detailed description of the obligations covered by the guarantee
3. Form of Demand: Template for making a demand under the guarantee
4. Security Documents: If applicable, details of any security provided in support of the guarantee
5. Financial Statements: If required, recent financial statements or financial information of the guarantor
6. Compliance Certificate: Template for periodic confirmation of compliance with guarantee terms
Authors
Financial Services
Banking
Real Estate
Construction
Manufacturing
Retail
Healthcare
Technology
Professional Services
Energy
Infrastructure
Agriculture
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Banking
Credit Administration
Commercial Banking
Business Development
Company Secretariat
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Risk Manager
Credit Manager
Treasury Manager
Financial Controller
Compliance Officer
Business Development Manager
Commercial Director
Company Secretary
Banking Relationship Manager
Loan Officer
Corporate Banking Manager
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