The Loan Guarantee Agreement is a crucial security document in Belgian financing transactions, used when a third party (guarantor) agrees to secure the loan obligations of a borrower. This document is essential in various contexts, from corporate financing to real estate transactions, and must comply with Belgian Civil Code requirements regarding suretyship and financial collateral arrangements. The agreement details the guarantee's scope, conditions, and enforcement mechanisms, while ensuring compliance with Belgian corporate law, financial regulations, and consumer protection requirements where applicable. It's particularly important in commercial lending where additional security is required, and can be used in both bilateral and syndicated loan arrangements. The document must address specific Belgian law requirements regarding form, content, and execution, particularly concerning the independent nature of guarantees and the extent of the guarantor's obligations.
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1. Parties: Identification of the Guarantor, Lender (Beneficiary), and the Primary Debtor
2. Background: Context of the guarantee, reference to the primary loan agreement, and purpose of the guarantee
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Guarantee and Indemnity: Core guarantee obligations, scope of the guarantee, and indemnification provisions
5. Limits and Maximum Liability: Specification of the maximum amount guaranteed and any limitations on the guarantee
6. Nature of Guarantee: Characteristics of the guarantee (e.g., independent, joint and several, continuing)
7. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition
8. Payment Mechanics: Procedures and timing for guarantee payments, currency provisions
9. Tax Provisions: Treatment of taxes, gross-up obligations, and tax indemnities
10. Duration and Release: Term of the guarantee and conditions for release or termination
11. Communications: Notice requirements and communication procedures between parties
12. General Provisions: Standard clauses including severability, amendments, and assignment
13. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes
14. Execution: Signature blocks and execution formalities
1. Corporate Guarantor Provisions: Additional provisions specific to corporate guarantors, including corporate benefit declarations - include when guarantor is a company
2. Security Interest: Provisions for any additional security provided with the guarantee - include when guarantee is secured
3. Financial Covenants: Specific financial maintenance requirements for the guarantor - include for larger commercial transactions
4. Consumer Protection Clauses: Mandatory provisions under Belgian consumer law - include when guarantor is a consumer
5. Multiple Guarantors: Provisions governing relationship between multiple guarantors - include when there is more than one guarantor
6. Currency Conversion: Detailed provisions for handling multiple currencies - include when guarantee involves multiple currencies
7. Bank Account Details: Specific payment account information - include when regular payments are anticipated
1. Form of Demand: Template for making a demand under the guarantee
2. Primary Loan Agreement: Copy or key terms of the underlying loan agreement being guaranteed
3. Corporate Authorizations: Copies of relevant corporate approvals and authorizations
4. Guarantor Financial Information: Key financial statements or information of the guarantor
5. Calculation of Maximum Liability: Details of how the maximum guarantee amount is calculated if complex
6. Security Documents: If applicable, documents relating to any security provided with the guarantee
7. Conditions Precedent: List of documents and conditions required before guarantee becomes effective
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