Guaranty Fee Agreement

Guaranty Fee Agreement Template for England and Wales

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Key Requirements PROMPT example:

"Need a Guaranty Fee Agreement for our parent company to charge a 2% annual fee for providing guarantees to our subsidiaries in Europe, to be effective from March 2025."

Document background

A Guaranty Fee Agreement becomes necessary when one party (the guarantor) agrees to guarantee the obligations of another party in exchange for a fee. This agreement, governed by English and Welsh law, establishes the commercial terms of this arrangement, including fee calculation methods, payment schedules, and related obligations. The document is particularly important in financial transactions where credit support is required and helps ensure that the guarantor is appropriately compensated for the risk they assume.

Suggested Sections

1. Parties: Identification and details of the guarantor, beneficiary, and principal obligor

2. Background: Context of the guarantee and reason for the fee arrangement

3. Definitions: Key terms used throughout the agreement including references to the underlying guarantee and fee calculation methods

4. Fee Structure: Details of the guarantee fee, calculation method, and payment terms

5. Payment Terms: Timing and method of fee payments, including payment mechanics and default provisions

6. Duration: Term of the fee agreement and conditions for termination

7. Representations and Warranties: Standard representations and specific declarations regarding the guarantee arrangement

8. Covenants: Ongoing obligations of the parties

9. Events of Default: Circumstances constituting default and consequences

10. Governing Law and Jurisdiction: Specification of English and Welsh law as governing law and jurisdiction provisions

Optional Sections

1. Tax Provisions: Include when tax implications need specific attention, particularly for cross-border arrangements

2. Regulatory Compliance: Specific regulatory obligations and compliance requirements when parties are subject to financial services regulation

3. Assignment: Rights to assign the agreement and any restrictions on transfer

4. Force Majeure: Provisions dealing with circumstances beyond parties' control affecting fee payments

5. Confidentiality: Provisions regarding the confidential treatment of the fee arrangement and related information

Suggested Schedules

1. Fee Calculation Schedule: Detailed methodology for calculating fees, including any formulae or specific calculations

2. Payment Schedule: Timeline of payment dates and amounts, including any adjustment mechanisms

3. Form of Guarantee: Copy or reference to the underlying guarantee that is the subject of the fee arrangement

4. Notice Details: Contact information and formal notice requirements for all parties

Authors

Alex Denne

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

alex.den.21@genieai.co

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Authors

Alex Denne

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