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The Loan Guarantee Agreement is a critical instrument in Swiss financial transactions, used when a third party (the guarantor) agrees to secure the loan obligations of a borrower. This document type is governed by Swiss law, specifically the Swiss Code of Obligations, which imposes strict formal requirements including the need to specify a maximum liability amount. The agreement is commonly used in corporate financing, real estate transactions, and general commercial lending where additional security is required beyond the borrower's own covenant. A Loan Guarantee Agreement must be in writing and typically includes detailed provisions about the scope of the guarantee, enforcement mechanisms, and release conditions. It's particularly relevant in situations where lenders require additional comfort about the repayment of their loans, whether in corporate group structures, project financing, or personal lending contexts.

1. Parties: Identification of the Guarantor, the Beneficiary (typically the lender), and the Principal Debtor

2. Background: Context of the guarantee, including reference to the underlying loan agreement and the relationship between the parties

3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Maximum Liability Amount', and 'Guarantee Period'

4. Guarantee: Core guarantee provisions, including the scope of the guarantee and the maximum amount guaranteed (mandatory under Swiss law)

5. Nature of Guarantee: Specification of whether it's a primary or secondary guarantee obligation

6. Payment Obligations: Terms for making payments under the guarantee, including timing and method

7. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition

8. Preservation of Rights: Provisions ensuring the guarantee remains valid despite changes to the underlying obligation

9. Enforcement: Circumstances and process for enforcing the guarantee

10. Duration and Release: Term of the guarantee and conditions for release

11. Notices: Communication requirements and contact details

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction