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Guarantor Contract
"I need a Belgian law Guarantor Contract where my company acts as guarantor for a 鈧2.5 million equipment lease agreement, with the guarantee period starting March 1, 2025, and I want to include specific financial covenants and reporting requirements."
1. Parties: Identification of the Guarantor, the Creditor, and the Principal Debtor
2. Background: Context of the guarantee, including reference to the principal debt or obligation being guaranteed
3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Security Period', and 'Enforcement Event'
4. Guarantee and Indemnity: Core provisions detailing the guarantee obligations, including scope and nature of the guarantee
5. Extent and Limit of Guarantee: Specific details of the maximum amount guaranteed and any limitations on the guarantee
6. Duration: Term of the guarantee and conditions for its termination
7. Guarantor's Representations and Warranties: Statements regarding the guarantor's capacity, authority, and financial condition
8. Preservation of Rights: Provisions ensuring the guarantee remains valid despite changes to the underlying obligation
9. Payments: Terms regarding method, timing, and currency of 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 Belgian law application and jurisdiction for disputes
1. Corporate Authority: Required when the guarantor is a company, detailing corporate approvals and authority to provide the guarantee
2. Consumer Protection Statements: Required when the guarantor is a natural person, including mandatory warnings and acknowledgments under Belgian law
3. Security Interest: Optional section for cases where the guarantee is secured by specific assets
4. Cross-Border Provisions: Required when the guarantee involves international parties or assets
5. Tax Gross-Up: Optional provisions dealing with tax implications of guarantee payments
6. Financial Covenants: Optional section for maintaining certain financial conditions during the guarantee period
7. Assignment and Transfer: Optional provisions regarding the transfer of guarantee rights
1. Form of Demand: Template for making a demand under the guarantee
2. Underlying Agreement: Copy or summary of the principal agreement being guaranteed
3. Corporate Authorizations: Copies of relevant corporate approvals (if guarantor is a company)
4. Guarantor's Financial Statements: Recent financial information of the guarantor (if required)
5. Secured Assets Schedule: Description of any assets securing the guarantee (if applicable)
Authors
Banking and Financial Services
Real Estate
Construction
Commercial Lending
Corporate Finance
Manufacturing
Retail
Professional Services
Import/Export
Small and Medium Enterprises
Legal
Finance
Risk Management
Commercial
Treasury
Compliance
Corporate Secretariat
Credit Management
Business Development
Operations
Legal Counsel
Corporate Lawyer
Finance Director
Credit Manager
Risk Manager
Commercial Director
Contract Manager
Compliance Officer
Business Development Manager
Treasury Manager
Chief Financial Officer
Legal Director
Banking Relationship Manager
Corporate Secretary
Financial Controller
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