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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."
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
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
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
Banking and Financial Services
Corporate Finance
Insurance
Real Estate
Manufacturing
Construction
Import/Export
Retail
Wholesale
Agriculture
Technology
Infrastructure
Energy
Telecommunications
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Banking
Credit Administration
Business Development
Corporate Secretariat
Operations
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
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