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Business Loan Guarantee
"I need a Business Loan Guarantee agreement under Swiss law for our technology company to guarantee a CHF 2 million loan to our subsidiary, with the guarantee period starting from March 1, 2025."
1. Parties: Identification of all parties: Guarantor, Lender (Creditor), and Borrower (Principal Debtor)
2. Background: Context of the guarantee, including reference to the underlying loan agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Guarantee: Core guarantee provisions, including the maximum guaranteed amount as required by Swiss law
5. Nature of Guarantee: Specification of whether it's a continuing guarantee and its independent nature from the primary obligation
6. Guarantor's Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition
7. Payment Provisions: Terms for making payments under the guarantee, including timing and method
8. Enforcement: Conditions and process for enforcing the guarantee
9. Discharge and Release: Conditions under which the guarantor may be discharged from obligations
10. Costs and Expenses: Allocation of costs related to the guarantee
11. Notices: Communication requirements and contact details
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
13. Execution: Signature blocks and execution requirements
1. Security: Include when the guarantee is secured by specific assets
2. Multiple Guarantors: Include when there are multiple guarantors, addressing joint and several liability
3. Currency Provisions: Include for cross-border transactions involving multiple currencies
4. Tax Provisions: Include when specific tax implications need to be addressed
5. Assignment and Transfer: Include when rights under the guarantee may need to be transferred
6. Time Limitation: Include when the guarantee is for a specific time period rather than continuing
7. Subordination: Include when the guarantee needs to be subordinated to other obligations
1. Form of Demand: Template for making a demand under the guarantee
2. Underlying Loan Agreement: Copy or key terms of the loan agreement being guaranteed
3. Corporate Authorizations: Copies of relevant corporate approvals and authorizations
4. Security Details: Details of any security provided (if applicable)
5. Financial Statements: Recent financial statements of the Guarantor
6. Payment Details: Bank account and payment processing information
Authors
Banking & Financial Services
Real Estate & Construction
Manufacturing
Technology & Software
Healthcare
Energy & Utilities
Retail & Consumer Goods
Infrastructure
Transportation & Logistics
Professional Services
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretariat
Credit Administration
Business Development
Commercial Operations
Executive Management
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Risk Manager
Credit Manager
Treasury Manager
Banking Relationship Manager
Commercial Director
Business Development Manager
Financial Controller
Compliance Officer
Corporate Secretary
Managing Director
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