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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
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
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
Banking and Financial Services
Real Estate
Commercial Lending
Corporate Finance
Small and Medium Enterprises
Retail Banking
Construction
Manufacturing
Professional Services
Agriculture
Legal
Finance
Credit Risk
Compliance
Corporate Banking
Loan Administration
Treasury
Risk Management
Commercial Banking
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
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