The Guarantor Agreement For Loan is essential in Dutch lending practices where additional security is required for loan arrangements. This document is typically used when a lender requires extra assurance beyond the borrower's creditworthiness, commonly in situations involving corporate loans, real estate financing, or business expansion. The agreement must comply with Dutch Civil Code requirements and financial regulations, including specific provisions for consumer protection when applicable. It details the guarantee's scope, conditions for enforcement, rights and obligations of all parties, and includes necessary provisions for valid execution under Dutch law. The document is crucial for risk mitigation in lending transactions and requires careful consideration of both the guarantor's capacity and the extent of obligations being guaranteed.
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1. Parties: Identification of the Guarantor, Lender, and Borrower with their full legal details
2. Background: Context of the underlying loan agreement and purpose of the guarantee
3. Definitions: Definitions of key terms used throughout the agreement, including 'Guaranteed Obligations', 'Loan Agreement', and 'Event of Default'
4. Guarantee and Indemnity: Core provisions establishing the guarantee, including scope and nature of the guarantee obligations
5. Extent and Limit of Guarantee: Specific details of what is being guaranteed, including any monetary limits and time limitations
6. Guarantor's Representations and Warranties: Confirmations and statements by the guarantor regarding their capacity and authority to enter into the guarantee
7. Continuing Security: Provisions establishing that the guarantee remains in effect until all guaranteed obligations are discharged
8. Payments and Interest: Terms regarding how and when payments must be made under the guarantee, including interest calculations
9. Enforcement and Rights of the Lender: Circumstances under which the guarantee can be enforced and the lender's rights
10. Discharge and Release: Conditions under which the guarantor will be released from their obligations
11. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee
12. Notices: Communication requirements and contact details for all parties
13. Governing Law and Jurisdiction: Confirmation of Dutch law as governing law and jurisdiction for disputes
1. Security: Include when the guarantor is providing additional security besides the personal guarantee
2. Joint and Several Liability: Include when there are multiple guarantors
3. Subordination: Include when the guarantor's claims against the borrower need to be subordinated to the lender's claims
4. Financial Covenants: Include when the guarantor must maintain certain financial metrics
5. Tax Gross-up: Include when tax implications need to be addressed specifically
6. Currency Provisions: Include when the loan and guarantee involve multiple currencies
7. Assignment and Transfer: Include when rights under the guarantee may need to be transferred
8. Power of Attorney: Include when the lender requires specific powers to act on behalf of the guarantor
1. Form of Demand: Standard form for making a demand under the guarantee
2. Underlying Loan Agreement: Copy or summary of the loan agreement being guaranteed
3. Guarantor's Asset Statement: Declaration of the guarantor's assets and financial position
4. Compliance Certificate: Template for periodic confirmation of compliance with guarantee terms
5. Corporate Authorizations: If guarantor is a company, copies of relevant corporate approvals and resolutions
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Real Estate
Commercial Lending
Corporate Finance
Small Business Services
Construction
Manufacturing
Retail
Professional Services
Relevant Teams
Legal
Finance
Risk Management
Compliance
Treasury
Commercial
Credit Control
Corporate Secretariat
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Risk Manager
Credit Manager
Commercial Director
Business Development Manager
Treasury Manager
Compliance Officer
Contract Manager
Financial Controller
Managing Director
Company Secretary
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