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Bank Credit Guarantee Template for Netherlands

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Key Requirements PROMPT example:

Bank Credit Guarantee

"I need a Bank Credit Guarantee agreement under Dutch law where our manufacturing company acts as guarantor for a €5 million credit facility extended to our subsidiary, with the guarantee period starting from March 1, 2025, and including specific provisions for partial guarantee releases as the underlying loan is repaid."

Document background
The Bank Credit Guarantee agreement is a crucial financial instrument used in the Netherlands when a third party (guarantor) agrees to secure the credit obligations of a borrower to a bank. This document is typically required when a bank extends credit facilities but seeks additional security beyond the borrower's own covenant. The agreement, governed by Dutch law, outlines the guarantor's obligations, maximum liability, enforcement mechanisms, and compliance requirements under Dutch banking regulations and the Civil Code. It's particularly important for corporate financing arrangements and includes specific provisions for demand procedures, representations, and enforcement rights. The document must comply with Dutch financial supervision requirements and may need to address both domestic and, where applicable, EU banking regulations.
Suggested Sections

1. Parties: Identification of the Guarantor, Bank (Beneficiary), and Principal Debtor

2. Background: Context of the guarantee, including details of the underlying credit facility

3. Definitions: Definitions of key terms used throughout the guarantee agreement

4. Guarantee: Core guarantee provisions, including scope and nature of the guarantee obligation

5. Maximum Liability: Specification of the maximum amount covered by the guarantee

6. Duration: Term of the guarantee and conditions for expiry

7. Demands and Payments: Process and requirements for making demands under the guarantee

8. Guarantor's Obligations: Detailed obligations of the guarantor including payment and performance requirements

9. Representations and Warranties: Key statements and assurances made by the guarantor

10. Independent Obligation: Confirmation that the guarantee is independent from the underlying credit facility

11. No Discharge: Circumstances that do not discharge the guarantor's obligations

12. Costs and Expenses: Allocation of costs related to the guarantee

13. Notices: Communication requirements and contact details

14. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

Optional Sections

1. Counter-Indemnity: Used when the guarantor requires indemnification from the principal debtor

2. Security: Included when additional security is provided to support the guarantee

3. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability

4. Currency Provisions: Needed for guarantees involving multiple currencies

5. Tax Gross-Up: Included when tax implications need to be addressed explicitly

6. Assignment and Transfer: Required if the guarantee rights may be transferred or assigned

7. Corporate Guarantor Provisions: Specific provisions required when the guarantor is a corporate entity

8. Step-In Rights: Optional provisions allowing the guarantor to take over the underlying facility

Suggested Schedules

1. Form of Demand: Template for making demands under the guarantee

2. Underlying Credit Facility Details: Summary of the main credit facility being guaranteed

3. Guarantor's Corporate Information: Corporate details and resolutions if the guarantor is a company

4. Security Details: Details of any security provided in support of the guarantee

5. Fee Schedule: Details of any fees payable in connection with the guarantee

6. Contact Details: Complete contact information for all parties

7. Compliance Documents: KYC and other regulatory compliance documentation requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses






























Relevant Industries

Banking and Financial Services

Corporate Finance

Insurance

Real Estate

Manufacturing

Construction

Import/Export

Retail

Wholesale

Agriculture

Technology

Infrastructure

Energy

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Banking

Credit Administration

Business Development

Corporate Secretariat

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Risk Manager

Legal Counsel

Corporate Lawyer

Banking Relationship Manager

Credit Officer

Risk Officer

Compliance Officer

Corporate Secretary

Financial Controller

Business Development Manager

Account Manager

Senior Banker

General Counsel

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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