The Guarantee In Loan Agreement is a crucial security document used in Qatar-based financing transactions where additional security is required beyond the borrower's own covenant. This document is essential when a parent company, shareholder, or related entity provides support for a borrower's loan obligations. It must comply with Qatar Civil Code requirements for guarantees (Kafala), Qatar Central Bank regulations, and where applicable, Shariah principles. The guarantee typically covers all obligations under the main loan agreement, including principal, profit/interest, fees, and costs. The document is particularly important in project finance, corporate lending, and real estate financing where lenders require additional comfort on the credit risk. Given Qatar's specific legal requirements, the guarantee must be carefully structured to ensure enforceability while providing comprehensive protection for the lender.
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1. Parties: Identification of the Guarantor, Lender (Beneficiary), and Principal Debtor
2. Background: Context of the guarantee, reference to the main loan agreement, and purpose of the guarantee
3. Definitions: Key terms used in the guarantee, including 'Guaranteed Obligations', 'Event of Default', and cross-references to loan agreement definitions
4. Guarantee and Indemnity: Core guarantee obligations, scope of guaranteed amounts, and nature of guarantee (conditional/unconditional)
5. Continuing Security: Provisions establishing the guarantee as continuing security until full discharge of obligations
6. Guarantor's Representations and Warranties: Fundamental statements about capacity, authority, and financial condition of the guarantor
7. Preservation of Rights: Lender's rights preservation, including ability to pursue guarantor without first claiming against principal debtor
8. Payments: Payment mechanics, currency provisions, and tax gross-up requirements
9. Costs and Expenses: Allocation of costs related to preparation and enforcement of the guarantee
10. Governing Law and Jurisdiction: Qatar law as governing law and jurisdiction provisions
1. Islamic Finance Compliance: Required when the guarantee needs to be Shariah-compliant, including relevant scholar approvals and structure
2. Security: Include when the guarantee is supported by additional security from the guarantor
3. Financial Covenants: Include when the guarantor must maintain specific financial metrics
4. Co-Guarantors: Required when multiple guarantors are providing the guarantee, addressing joint and several liability
5. Currency Conversion: Include when guaranteed obligations are in multiple currencies
6. Assignment and Transfer: Include when rights under the guarantee may need to be assigned or transferred
7. Communications: Include detailed notice provisions when parties are in different jurisdictions
1. Form of Demand: Standard form for making demands under the guarantee
2. Guaranteed Obligations: Detailed description or calculation of the guaranteed amounts
3. Conditions Precedent: List of documents required before guarantee becomes effective
4. Security Documents: If applicable, list and copies of related security documents
5. Shariah Structure: If applicable, diagram and description of Islamic finance structure
6. Corporate Authorizations: Copies of relevant corporate approvals and authorizations
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate and Construction
Energy and Natural Resources
Infrastructure Development
Manufacturing
Trading and Commercial
Hospitality and Tourism
Healthcare
Technology and Telecommunications
Transportation and Logistics
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Finance
Credit
Islamic Banking
Commercial
Company Secretarial
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Commercial Director
Risk Manager
Compliance Officer
Corporate Finance Manager
Banking Relationship Manager
Credit Risk Officer
Islamic Finance Specialist
Corporate Secretary
Business Development Director
Investment Manager
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