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Guarantor In Loan Agreement for the Netherlands

Guarantor In Loan Agreement Template for Netherlands

A Dutch law-governed guarantee agreement that forms part of a loan arrangement, where the guarantor assumes responsibility for the borrower's obligations under the main loan agreement. This document establishes the terms and conditions under which the guarantor will be liable to fulfill the borrower's payment obligations if the borrower defaults, incorporating specific requirements under Dutch civil law, particularly Books 3, 6, and 7 of the Burgerlijk Wetboek. The agreement includes detailed provisions on the scope of the guarantee, enforcement mechanisms, and the rights and obligations of all parties involved, while ensuring compliance with Dutch financial regulations and consumer protection laws where applicable.

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Guarantor In Loan Agreement

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What is a Guarantor In Loan Agreement?

The Guarantor in Loan Agreement is an essential document in Dutch financing arrangements where additional security is required for a loan facility. This agreement is commonly used when a lender requires extra assurance beyond the borrower's commitments, particularly in situations involving substantial loan amounts, borrowers with limited credit history, or complex commercial transactions. The document, governed by Dutch law, specifically the Burgerlijk Wetboek (Dutch Civil Code), establishes the guarantor's legal obligation to fulfill the borrower's payment obligations if the borrower defaults. It includes crucial details about the scope of the guarantee, enforcement procedures, and the specific circumstances under which the guarantee can be called upon. The agreement must comply with Dutch financial regulations, including the Financial Supervision Act (Wet op het financieel toezicht) and, where applicable, consumer protection laws.

What sections should be included in a Guarantor In Loan Agreement?

1. Parties: Identification of all parties: Lender, Borrower, and Guarantor(s), including full legal names and addresses

2. Background: Context of the guarantee, reference to the main loan agreement, and purpose of the guarantee

3. Definitions: Definitions of key terms used throughout the agreement, including 'Guaranteed Obligations', 'Event of Default', and 'Security'

4. Guarantee: Core section detailing the scope and nature of the guarantee, whether it's joint and several, limited or unlimited

5. Representations and Warranties: Guarantor's confirmations regarding their legal capacity, authority, and financial condition

6. Nature of Guarantee: Specification that the guarantee is unconditional, irrevocable, and continuing until all guaranteed obligations are discharged

7. Payment Obligations: Details of when and how the guarantor must make payments, including payment mechanics and currency

8. Preservation of Rights: Lender's rights preservation, including ability to pursue guarantor without first pursuing borrower

9. Indemnity: Guarantor's indemnification obligations to the lender

10. Costs and Expenses: Allocation of costs related to the guarantee agreement and its enforcement

11. Duration and Release: Term of the guarantee and conditions for release of the guarantor's obligations

12. Notices: Communication requirements and contact details for all parties

13. Governing Law and Jurisdiction: Confirmation of Dutch law governance and jurisdiction for disputes

What sections are optional to include in a Guarantor In Loan Agreement?

1. Security: Details of any additional security provided by the guarantor - include when guarantor provides specific assets as security

2. Financial Covenants: Specific financial maintaining obligations of the guarantor - include for corporate guarantors

3. Tax Gross-up: Provisions for tax-related payments - include when cross-border elements exist

4. Consumer Protection Provisions: Additional protections required by Dutch law - include when guarantor is a natural person

5. Multiple Guarantors: Provisions governing relationship between multiple guarantors - include when more than one guarantor

6. Change of Control: Provisions dealing with change in guarantor ownership - include for corporate guarantors

7. Subordination: Provisions subordinating guarantor's rights against borrower - include when complex creditor relationships exist

What schedules should be included in a Guarantor In Loan Agreement?

1. Form of Demand: Template for making demands under the guarantee

2. Main Loan Agreement: Copy or key terms of the underlying loan agreement being guaranteed

3. Corporate Authorizations: Copies of relevant corporate approvals and authorizations for corporate guarantors

4. Financial Statements: Recent financial statements or net worth statements of the guarantor

5. Security Details: Details of any security assets and their valuation

6. Guarantor Identification: KYC documentation and identification details of the guarantor

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Banking and Financial Services

Real Estate

Commercial Lending

Corporate Finance

Small and Medium Enterprises

Retail Banking

Construction

Manufacturing

Professional Services

Agriculture

Relevant Teams

Legal

Finance

Credit Risk

Compliance

Corporate Banking

Loan Administration

Treasury

Risk Management

Commercial Banking

Relevant Roles

Legal Counsel

Finance Director

Credit Risk Manager

Loan Officer

Compliance Officer

Corporate Banker

Relationship Manager

Credit Analyst

General Counsel

Treasury Manager

Chief Financial Officer

Contract Manager

Risk Assessment Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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