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Authorised Guarantee Agreement
"I need an Authorized Guarantee Agreement under Swiss law where ABC Corporation AG will guarantee a CHF 2 million bank loan from Credit Swiss to XYZ GmbH, with the guarantee period starting from March 1, 2025."
1. Parties: Identification of the Guarantor, the Beneficiary (creditor), and reference to the Principal Debtor
2. Background: Context of the guarantee, reference to the principal agreement being guaranteed, and the reason for providing the guarantee
3. Definitions: Definitions of key terms used in the agreement, including 'Guaranteed Obligations', 'Principal Agreement', and 'Guarantee Period'
4. Guarantee: Core guarantee provisions, including the maximum amount of liability and specific obligations being guaranteed
5. Nature of Guarantee: Specification that this is an authorized guarantee and its characteristics (e.g., independent, continuing, irrevocable)
6. Guarantor's Undertakings: Specific commitments and warranties made by the guarantor
7. Enforcement and Payment Terms: Conditions for calling on the guarantee and payment requirements
8. Duration: Term of the guarantee and any conditions for termination
9. Notices: Process and requirements for serving notices under the agreement
10. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction for disputes
11. Execution: Formal execution requirements including date and signatures
1. Spousal Consent: Required when the guarantor is a natural person and married, per Swiss law requirements
2. Multiple Guarantors: Additional provisions needed when there are multiple guarantors, addressing joint and several liability
3. Corporate Authority: Required for corporate guarantors, including confirmation of corporate power and authority
4. Assignment and Transfer: Provisions regarding the ability to assign or transfer rights under the guarantee
5. Currency Provisions: Required when the guarantee involves obligations in multiple currencies
6. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee
7. Tax Gross-up: Provisions for tax treatment of payments under the guarantee, if applicable
1. Form of Demand: Template for making a demand under the guarantee
2. Principal Agreement: Copy or summary of the agreement being guaranteed
3. Corporate Authorizations: Copies of relevant corporate approvals (for corporate guarantors)
4. Spousal Consent Form: Template for spousal consent when required
5. Guarantee Amount Calculation: Details of how the maximum guarantee amount is calculated or determined
Authors
Banking and Financial Services
Real Estate
Construction
Manufacturing
Import/Export
Commercial Leasing
Retail
Wholesale Trade
Professional Services
Infrastructure
Legal
Finance
Treasury
Risk Management
Compliance
Commercial
Credit Control
Corporate Secretariat
Business Development
Legal Counsel
Corporate Lawyer
Finance Director
Credit Manager
Risk Manager
Commercial Director
Contract Manager
Company Secretary
Chief Financial Officer
Treasury Manager
Compliance Officer
Business Development Manager
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