The Guarantee Facility Agreement is a crucial financial instrument in Indonesian business operations, particularly used in scenarios where financial assurance is required for commercial transactions, project financing, or business operations. This document type is specifically structured to comply with Indonesian law, including the Civil Code (KUH Perdata) and banking regulations issued by the Financial Services Authority (OJK). The agreement details the scope of the guarantee, conditions for demands, payment mechanisms, and enforcement procedures. It's commonly used in various business contexts where a party requires financial backing or security for their obligations, such as in construction projects, trade finance, or corporate lending. The Guarantee Facility Agreement must be drafted in both Indonesian and English languages to comply with Law No. 24 of 2009, with the Indonesian version prevailing in case of inconsistency.
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1. Parties: Identification of the Guarantor, Principal Debtor, and Beneficiary with their complete details
2. Background: Context of the guarantee facility, including reference to the underlying obligations or facilities being guaranteed
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Guarantee: Core terms of the guarantee, including scope, amount, and nature of the guaranteed obligations
5. Conditions Precedent: Conditions that must be satisfied before the guarantee becomes effective
6. Representations and Warranties: Standard representations and warranties from the Guarantor
7. Payment Mechanics: Procedures and requirements for making payments under the guarantee
8. Demand Requirements: Process and formalities for making demands under the guarantee
9. Indemnity: Guarantor's indemnification obligations
10. Tax Provisions: Allocation of tax liabilities and gross-up provisions
11. Currency Provisions: Rules regarding currency of payment and exchange rate mechanisms
12. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee
13. Communications: Notice requirements and communication procedures
14. Assignment and Transfer: Rules regarding transfer of rights under the guarantee
15. Governing Law and Jurisdiction: Choice of Indonesian law and jurisdiction provisions
16. Language: Language requirements complying with Indonesian Law No. 24 of 2009
1. Security Provisions: Required when the guarantee is secured by specific assets or collateral
2. Counter-Indemnity: Used when there is a separate counter-indemnity from the Principal Debtor to the Guarantor
3. Multiple Guarantors: Required when there is more than one guarantor, addressing joint and several liability
4. Bank Authority Provisions: Required for bank-issued guarantees, including specific regulatory compliance provisions
5. Automatic Extension: Used when the guarantee may be automatically extended under certain conditions
6. Islamic Banking Provisions: Required when the guarantee needs to comply with Sharia principles
7. Step-In Rights: Used in project finance contexts where the guarantor may need step-in rights
1. Form of Demand: Template for making valid demands under the guarantee
2. Form of Certificate: Standard form certificates required for various purposes under the guarantee
3. Guaranteed Obligations: Detailed description of the obligations covered by the guarantee
4. Security Documents: List and copies of related security documents, if applicable
5. Conditions Precedent Documents: List of required documents and evidence for conditions precedent
6. Fee Schedule: Details of guarantee fees, commissions, and payment schedules
7. Contact Details: Complete contact information for all parties and authorized representatives
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Infrastructure
Construction
Manufacturing
International Trade
Energy
Mining
Real Estate
Telecommunications
Transportation
Retail
Agriculture
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretariat
Commercial
Credit
Project Finance
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Secretary
Risk Manager
Commercial Director
Banking Relationship Manager
Credit Risk Officer
Compliance Officer
Project Finance Manager
Contract Manager
Business Development Director
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