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1. Parties: Identification of the Guarantor, the Beneficiary (typically the lender), and the Principal Debtor
2. Background: Context of the guarantee, including reference to the underlying loan agreement and the reason for the guarantee
3. Definitions: Definitions of key terms used throughout the agreement
4. Guarantee: Core section detailing the scope and nature of the guarantee obligation
5. Extent of Liability: Clear specification of the maximum amount guaranteed and any limitations
6. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to enter into the guarantee
7. Payment Mechanics: Process and timing for making payments under the guarantee, including payment details
8. Enforcement: Circumstances under which the guarantee can be enforced and the process for doing so
9. Duration and Release: Term of the guarantee and conditions for its termination or release
10. Notices: Communication procedures between parties
11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
12. Execution: Signature blocks and execution requirements
1. Security: Include when additional security is provided alongside the guarantee
2. Joint and Several Liability: Required when multiple guarantors are involved
3. Currency Provisions: Include for cross-border transactions involving multiple currencies
4. Tax Gross-Up: Include when tax implications need to be addressed explicitly
5. Financial Covenants: Include when the guarantor must maintain specific financial metrics
6. Information Undertakings: Include when the guarantor must provide ongoing financial or other information
7. Consumer Protection Provisions: Required when the guarantor is a consumer under German law
8. Assignment and Transfer: Include when rights under the guarantee may need to be transferred
9. Costs and Expenses: Include when specific cost allocation needs to be addressed
1. Form of Demand: Template for making a demand under the guarantee
2. Underlying Loan Agreement: Copy or key terms of the loan agreement being guaranteed
3. Corporate Authorizations: Copies of relevant corporate approvals and authorizations
4. Payment Details: Detailed banking and payment information
5. Calculation of Guaranteed Amount: If the guaranteed amount involves complex calculations or multiple components
6. Form of Compliance Certificate: If financial covenants are included, template for periodic compliance reporting
Banking & Financial Services
Real Estate & Construction
Manufacturing & Industrial
Infrastructure & Energy
Technology & Telecommunications
Healthcare & Life Sciences
Retail & Consumer Goods
Transportation & Logistics
Agriculture & Food Production
Professional Services
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretariat
Credit Control
Banking Operations
Business Development
Executive Leadership
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Risk Manager
Credit Manager
Banking Relationship Manager
Compliance Officer
Financial Controller
Investment Manager
Corporate Secretary
Business Development Director
Managing Director
Board Member
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