The Loan Guarantor Agreement is a crucial document in secured lending transactions under Dutch law, providing additional security to lenders by involving a third party who guarantees the repayment of a loan. This agreement is commonly used in various business contexts, from corporate financing to real estate transactions, where additional security is required beyond the primary borrower's commitments. The document typically includes detailed provisions about the scope of the guarantee, the guarantor's obligations, enforcement procedures, and any limitations on liability. It must comply with Dutch Civil Code requirements, particularly regarding form requirements and consumer protection provisions where applicable. The agreement becomes especially important in situations where the primary borrower's creditworthiness alone is insufficient to secure the loan, or when corporate structures require parent company guarantees for subsidiary borrowings.
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1. Parties: Identification of the Guarantor, Lender, and Primary Debtor, including full legal names and addresses
2. Background: Context of the guarantee, reference to the primary loan agreement, and purpose of this guarantee agreement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Guaranteed Obligations', 'Security', and 'Event of Default'
4. Guarantee and Indemnity: Core section detailing the scope of the guarantee, including the guarantor's primary obligations and indemnification provisions
5. Nature of Guarantee: Specification that this is a continuing guarantee and details about its irrevocable nature
6. Guarantor's Representations and Warranties: Guarantor's confirmations regarding their capacity, authority, and financial condition
7. Payment Mechanics: Details of how and when payments must be made, including currency and payment instructions
8. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee
9. Duration and Release: Term of the guarantee and conditions for its termination or release
10. Communications: Methods and requirements for formal notices between parties
11. Governing Law and Jurisdiction: Confirmation of Dutch law as governing law and jurisdiction for disputes
1. Security: Include when the guarantee is supported by specific security arrangements or collateral
2. Consumer Protection Provisions: Required when the guarantor is a natural person acting outside their profession or business
3. Multiple Guarantors: Include when there is more than one guarantor, detailing joint and several liability
4. Subordination: Include when the guarantor's rights need to be subordinated to other creditors
5. Tax Gross-Up: Include when tax implications need to be addressed explicitly
6. Currency Indemnity: Include for cross-border transactions involving multiple currencies
7. Financial Covenants: Include when specific financial conditions must be maintained by the guarantor
8. Power of Attorney: Include when the lender needs specific powers to act on behalf of the guarantor in certain circumstances
1. Primary Loan Agreement: Copy or summary of the main loan agreement being guaranteed
2. Guaranteed Obligations: Detailed description of the obligations covered by the guarantee
3. Form of Demand: Template for making a demand under the guarantee
4. Security Documents: If applicable, details of any security provided in support of the guarantee
5. Financial Statements: If required, recent financial statements or financial information of the guarantor
6. Compliance Certificate: Template for periodic confirmation of compliance with guarantee terms
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