The Guarantee Agreement is a crucial financial instrument in Swiss business practice, used to provide security for various commercial and financial obligations. This document type is particularly relevant when one party seeks to secure the performance or payment obligations of another party in business transactions. The Guarantee Agreement, governed by Swiss law, must comply with the strict formal requirements set out in the Swiss Code of Obligations, including specific content and execution requirements. It is commonly used in banking transactions, corporate finance, real estate developments, and international trade, where the guarantor's commitment provides additional security to the beneficiary. The document typically includes detailed provisions on the scope of the guarantee, triggering events, enforcement mechanisms, and release conditions, while addressing Swiss law-specific requirements regarding form and content.
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1. Parties: Identification of the Guarantor and the Beneficiary with full legal names and addresses
2. Background: Context of the guarantee, including reference to the underlying obligation being guaranteed
3. Definitions: Definitions of key terms used throughout the agreement
4. Guarantee: Core guarantee provisions, including scope, amount, and nature of the guarantee obligation
5. Payment Obligations: Terms and conditions for payment under the guarantee, including timing and method
6. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition
7. Duration and Release: Term of the guarantee and conditions for release or termination
8. Enforcement: Procedures and conditions for enforcing the guarantee
9. Preservation of Rights: Provisions ensuring the guarantee remains valid despite changes to underlying obligation
10. Costs and Expenses: Allocation of costs related to the guarantee
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
13. Execution: Signature blocks and execution formalities
1. Security: Include when specific assets are pledged to secure the guarantee obligation
2. Multiple Guarantors: Include when there are multiple guarantors to address joint and several liability
3. Currency Provisions: Include for cross-border guarantees involving multiple currencies
4. Tax Gross-up: Include when tax implications need to be addressed explicitly
5. Transfer and Assignment: Include when transfer rights need to be specifically addressed
6. Financial Covenants: Include when ongoing financial requirements are imposed on the guarantor
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 Obligation: Details of the principal obligation being guaranteed
3. Security Details: Description of any security provided (if applicable)
4. Financial Information: Required financial statements or metrics of the guarantor
5. Guarantor Board Resolution: Copy of corporate approval for providing the guarantee
6. Conditions Precedent: List of documents and conditions required before guarantee becomes effective
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Insurance
Real Estate
Construction
Manufacturing
International Trade
Infrastructure
Energy
Telecommunications
Professional Services
Retail
Healthcare
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Banking
Credit
Commercial
Business Development
Company Secretariat
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Risk Manager
Treasury Manager
Credit Manager
Compliance Officer
Contract Manager
Business Development Director
Commercial Director
Company Secretary
Banking Relationship Manager
Financial Controller
Head of Corporate Banking
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