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Loan Guarantor Agreement

Loan Guarantor Agreement Template for Austria

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Key Requirements PROMPT example:

Loan Guarantor Agreement

"I need a Loan Guarantor Agreement under Austrian law for our parent company to guarantee a 鈧5 million business loan to our subsidiary, with the guarantee period starting from March 1, 2025, and including specific provisions for multiple guarantors."

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Document background
The Loan Guarantor Agreement is a crucial security document used in lending transactions under Austrian law where additional security is required for a loan facility. This document is typically employed when a lender requires extra assurance beyond the principal debtor's covenant, often in situations involving parent company guarantees, related party support, or third-party security. The agreement must comply with Austrian legal requirements, particularly the provisions of the ABGB (Austrian Civil Code) regarding guarantees (B眉rgschaft), and may need to incorporate specific provisions from the Consumer Protection Act (KSchG) if the guarantor is a consumer. The document specifies the guarantee's scope, the triggering events for enforcement, payment obligations, and any limitations on the guarantor's liability.
Suggested Sections

1. Parties: Identification of the Guarantor, the Lender (Beneficiary), and reference to the Principal Debtor

2. Background: Context of the guarantee, reference to the underlying loan agreement, and the purpose of the guarantee

3. Definitions and Interpretation: Definitions of key terms, interpretation rules, and references to the underlying loan agreement terms

4. Guarantee and Indemnity: Core guarantee obligations, scope of the guarantee, and nature of the guarantee (e.g., abstract guarantee or surety)

5. Extent of Liability: Limits of the guarantor's liability, maximum amount guaranteed, and duration of the guarantee

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

7. Payment Mechanics: Process for demand under the guarantee, payment terms, and currency provisions

8. Continuing Security: Provisions establishing the guarantee as continuing security until full discharge

9. Enforcement: Circumstances under which the guarantee can be enforced and enforcement procedures

10. Discharge and Release: Conditions for discharge of the guarantee and release of the guarantor

11. Communications: Notice provisions and communication requirements between parties

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

Optional Sections

1. Multiple Guarantors: Additional provisions for cases involving multiple guarantors, including joint and several liability

2. Foreign Currency Provisions: Specific provisions for guarantees involving foreign currency obligations

3. Tax Gross-Up: Provisions dealing with tax implications and gross-up obligations

4. Consumer Protection Provisions: Mandatory provisions when the guarantor qualifies as a consumer under Austrian law

5. Assignment and Transfer: Provisions regarding the ability to assign or transfer rights under the guarantee

6. Electronic Execution: Provisions for electronic execution if relevant under Austrian E-Commerce Act

7. Corporate Authorization: Specific provisions for corporate guarantors regarding authorization and capacity

Suggested Schedules

1. Underlying Loan Agreement: Copy or key terms of the loan agreement being guaranteed

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

3. Guarantee Limitations: Detailed description of any specific limitations on the guarantee amount or scope

4. Corporate Authorizations: Copies of relevant corporate authorizations where the guarantor is a company

5. Financial Information: Required financial information or statements from the guarantor

6. Confirmation of Independent Legal Advice: Where required, confirmation that the guarantor has received independent legal advice

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions
















































Clauses



































Relevant Industries

Banking & Financial Services

Real Estate

Construction

Manufacturing

Retail

Healthcare

Technology

Infrastructure

Energy

Transportation

Agriculture

Professional Services

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Banking

Loan Administration

Risk Management

Corporate Secretariat

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Risk Manager

Legal Counsel

Corporate Lawyer

Loan Officer

Relationship Manager

Credit Analyst

Compliance Officer

Banking Executive

Risk Manager

Company Secretary

Managing Director

Finance 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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