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Loan Guarantor Agreement
"I need a Loan Guarantor Agreement under Belgian law where ABC Holdings NV will act as guarantor for a 鈧2.5 million business loan taken by its subsidiary XYZ Operations BVBA from BelBank SA, with the guarantee to commence from March 1, 2025."
1. Parties: Identification of all parties: Guarantor, Lender (Beneficiary), and Borrower
2. Background: Context of the guarantee, reference to the underlying loan agreement, and the purpose of this guarantee
3. Definitions: Definitions of key terms used throughout the agreement, including 'Guaranteed Obligations', 'Default Events', and 'Security'
4. Guarantee: Core section detailing the scope and nature of the guarantee obligation
5. Extent of Liability: Clear specification of the guarantor's liability limits and the maximum guaranteed amount
6. Duration: Term of the guarantee and conditions for termination
7. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to enter into the agreement
8. Payment Obligations: Specific terms regarding how and when the guarantor must make payments upon demand
9. Enforcement: Procedures and conditions for enforcing the guarantee
10. Preservation of Rights: Lender's rights preservation and waiver of guarantor's defenses
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes
1. Security: Include when the guarantee is secured by specific assets
2. Joint and Several Liability: Required when multiple guarantors are involved
3. Tax Gross-Up: Include when tax implications need to be addressed explicitly
4. Currency Provisions: Required when the guarantee involves multiple currencies
5. Assignment and Transfer: Include when transfer rights need to be specifically addressed
6. Financial Covenants: Include when the guarantor must maintain specific financial conditions
7. Consumer Protection Provisions: Required when the guarantor is a natural person (consumer)
1. Schedule 1 - Form of Demand: Standard form for making a demand under the guarantee
2. Schedule 2 - Underlying Loan Agreement: Copy or key terms of the loan agreement being guaranteed
3. Schedule 3 - Guarantor's Assets Statement: If required, statement of guarantor's financial position
4. Schedule 4 - Specific Secured Assets: If applicable, details of any assets securing the guarantee
5. Appendix A - Required Corporate Authorizations: Copies of relevant corporate approvals for corporate guarantors
Authors
Banking
Financial Services
Real Estate
Commercial Lending
Corporate Finance
Small and Medium Enterprises
Construction
Manufacturing
Retail
Professional Services
Legal
Finance
Treasury
Risk Management
Compliance
Credit Administration
Corporate Banking
Commercial Lending
Business Development
Corporate Governance
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Credit Manager
Risk Manager
Treasury Manager
Banking Relationship Manager
Loan Officer
Commercial Director
Business Development Manager
Company Director
Financial Controller
Compliance Officer
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