The Guarantee Fee Agreement is essential in commercial arrangements where one party provides a guarantee in favor of another in exchange for a fee. This document type is commonly used in Ireland for financial transactions, corporate financing arrangements, and cross-border deals where guarantees are required. The agreement establishes the commercial terms for the guarantee fee, including calculation methods, payment schedules, and related obligations. It is particularly important in the Irish market where international businesses frequently require guarantees for their operations or financing arrangements. The document must comply with Irish financial services regulations, contract law, and relevant EU directives. A properly structured Guarantee Fee Agreement helps prevent disputes by clearly documenting the parties' rights and obligations regarding the guarantee fee arrangement.
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1. Parties: Identifies the guarantor who will receive the fee and the party who will pay the fee
2. Background: Describes the underlying guarantee arrangement and establishes the context for the fee agreement
3. Definitions and Interpretation: Defines key terms including 'Guarantee', 'Guarantee Fee', 'Payment Date', and interpretation rules
4. Guarantee Fee: Sets out the core obligation to pay the guarantee fee and the calculation methodology
5. Payment Terms: Specifies payment dates, payment method, currency, and any adjustment mechanisms
6. Tax: Addresses tax implications, withholding requirements, and gross-up provisions
7. Representations and Warranties: Standard representations regarding capacity, authority, and enforceability
8. Duration: Specifies the term of the agreement and its relationship to the underlying guarantee
9. Termination: Sets out circumstances when the agreement can be terminated and the consequences
10. Governing Law and Jurisdiction: Specifies Irish law as governing law and Irish courts' jurisdiction
1. Security: Include when the fee payments are to be secured by specific assets or obligations
2. Financial Covenants: Include when ongoing financial requirements are imposed on the fee payer
3. Information Undertakings: Include when regular financial or other information must be provided to the guarantor
4. Third Party Rights: Include when rights under the agreement may be exercised by parties other than the signatory parties
5. Agent Provisions: Include when an agent is appointed to collect or distribute fee payments
6. Currency Provisions: Include when payments may be made in multiple currencies or currency conversion is relevant
1. Fee Calculation: Detailed methodology for calculating the guarantee fee, including any variables or formulae
2. Form of Payment Notice: Standard form for notifying the fee payer of payment obligations
3. Copy of Guarantee: Copy of the underlying guarantee agreement being referenced
4. Payment Dates: Schedule of fixed payment dates if applicable
5. Administrative Details: Contact details, bank account information, and other administrative information
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