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Guarantor Agreement For Loan
"I need a Guarantor Agreement for Loan under Swiss law where our parent company will guarantee a CHF 2 million business loan to our subsidiary, with the guarantee to be effective from March 1, 2025."
1. Parties: Identification of the Guarantor, Principal Debtor (borrower), and Beneficiary (lender)
2. Background: Context of the underlying loan agreement and the purpose of this guarantee
3. Definitions: Definitions of key terms used throughout the agreement
4. Guarantee: Core section specifying the guarantee's scope, maximum amount, and nature (joint and several or simple guarantee)
5. Guarantor's Representations and Warranties: Guarantor's confirmations regarding legal capacity, understanding of obligations, and financial condition
6. Duration and Extent of Liability: Term of the guarantee and specific limitations on the guarantor's liability
7. Payment Obligations: Details of when and how the guarantor must make payments upon default
8. Enforcement: Procedures and conditions for enforcing the guarantee
9. Costs and Expenses: Allocation of costs related to the guarantee and its enforcement
10. Notices: Communication requirements and contact details
11. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction for disputes
1. Security: Include when the guarantor provides additional security for their obligations
2. Multiple Guarantors: Include when there is more than one guarantor, defining their relationship and obligations
3. Independent Advice: Include when the guarantor is an individual, confirming they received independent legal advice
4. Tax Provisions: Include when tax implications need specific addressing, particularly for cross-border situations
5. Currency Provisions: Include when the guaranteed loan is in a different currency from CHF
6. Assignment and Transfer: Include when transfer rights need to be specifically addressed
1. Schedule 1 - Underlying Loan Agreement: Copy or key terms of the loan agreement being guaranteed
2. Schedule 2 - Form of Demand: Template for making a demand under the guarantee
3. Schedule 3 - Guarantor's Asset Statement: Declaration of the guarantor's financial position
4. Appendix A - Power of Attorney: If applicable, authorization documentation for signing
5. Appendix B - Corporate Approvals: If applicable, corporate resolutions or approvals for the guarantee
Authors
Banking & Financial Services
Real Estate
Commercial Lending
Corporate Finance
Small Business
Manufacturing
Retail
Construction
Agriculture
Technology
Healthcare
Legal
Finance
Risk Management
Compliance
Treasury
Credit
Commercial
Corporate Secretariat
Business Development
Legal Counsel
Corporate Lawyer
Finance Director
Chief Financial Officer
Risk Manager
Credit Manager
Compliance Officer
Banking Relationship Manager
Treasury Manager
Contract Administrator
Company Secretary
Commercial Director
Managing Director
Business Development Manager
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