Guaranty Fee Agreement

Guaranty Fee Agreement Template for Denmark

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Document background

The Guaranty Fee Agreement is a crucial document used when one party (the Guarantor) agrees to provide a guarantee in favor of another party and requires compensation for this service. This type of agreement is particularly common in corporate group structures, project finance, and financial transactions where guarantees are required to secure obligations or enhance credit arrangements. The agreement must comply with Danish law requirements, including the Danish Contracts Act and Financial Business Act, and typically includes detailed provisions on fee calculation, payment terms, and the parties' rights and obligations. The Guaranty Fee Agreement helps ensure that the guarantee arrangement is properly documented and that the guarantor's risk is appropriately compensated, while also providing clarity on the commercial terms of the guarantee relationship.

Suggested Sections

1. Parties: Identification of the parties to the agreement: the guarantor, the beneficiary of the guarantee, and the party responsible for paying the guarantee fee

2. Background: Context of the agreement, including reference to the underlying obligation being guaranteed

3. Definitions: Definitions of key terms used throughout the agreement

4. Guarantee Fee: Details of the fee amount, calculation method, and payment terms

5. Payment Terms: Specific provisions regarding timing, method, and currency of fee payments

6. Duration: Term of the agreement and conditions for its continuation or termination

7. Obligations of the Parties: Specific duties and responsibilities of each party under the agreement

8. Default and Remedies: Consequences of non-payment or breach of obligations

9. Notices: Requirements for formal communications between parties

10. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and jurisdiction for disputes

11. Signatures: Execution block for all parties

Optional Sections

1. Security: Include when additional security is required for the guarantee fee payments

2. Tax Provisions: Include when there are specific tax implications or requirements regarding the guarantee fee

3. Currency Conversion: Include when payments may be made in multiple currencies

4. Force Majeure: Include when parties want specific provisions for handling unforeseen circumstances

5. Assignment: Include when transfer rights need to be specifically addressed

6. Confidentiality: Include when sensitive information will be shared between parties

7. Third Party Rights: Include when third parties may have rights under the agreement

8. Amendments: Include when specific amendment procedures are required

Suggested Schedules

1. Fee Calculation Schedule: Detailed methodology for calculating the guarantee fee, including any variables or formulas

2. Payment Schedule: Specific dates and amounts for fee payments throughout the term

3. Form of Notice: Template for formal notices under the agreement

4. Underlying Guarantee: Copy or summary of the guarantee being fee'd

5. Contact Details: Detailed contact information for all parties and their representatives

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