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Joint Guarantee Agreement

Joint Guarantee Agreement Template for Netherlands

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Key Requirements PROMPT example:

Joint Guarantee Agreement

"I need a Joint Guarantee Agreement under Dutch law where three subsidiary companies jointly guarantee a €5 million loan facility taken by their parent company from ABN AMRO Bank, with the guarantee coming into effect from March 1, 2025."

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Document background
The Joint Guarantee Agreement is a crucial legal instrument in Dutch commercial and financial transactions, used when multiple parties agree to guarantee the obligations of a principal debtor. This document is particularly relevant in scenarios involving group companies, project finance, or complex commercial arrangements where additional security is required. The agreement must comply with Dutch law requirements, specifically the provisions of the Dutch Civil Code regarding suretyship (borgtocht) and joint and several liability (hoofdelijke aansprakelijkheid). It typically includes detailed provisions about the guaranteed obligations, the extent of each guarantor's liability, enforcement mechanisms, and conditions for discharge. This type of agreement is commonly used in corporate financing, real estate transactions, and other commercial arrangements where strong credit support is needed.
Suggested Sections

1. Parties: Identification of all parties: Principal Debtor, Creditor, and all Guarantors

2. Background: Context of the guarantee, reference to the underlying obligation, and purpose of the agreement

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

4. Guarantee: Core section detailing the guarantee obligations, including scope and nature of the joint guarantee

5. Joint and Several Liability: Provisions establishing the joint and several nature of the guarantee obligations

6. Representations and Warranties: Statements of fact and assurances from the Guarantors

7. Payment Provisions: Terms regarding payment obligations, timing, and method of payment

8. Enforcement: Provisions regarding enforcement of the guarantee and creditor's rights

9. Continuing Security: Provisions establishing the guarantee as continuing security

10. Discharge and Release: Conditions for discharge or release of guarantors from their obligations

11. Costs and Expenses: Allocation of costs related to the agreement and enforcement

12. Notices: Communication requirements and contact details

13. Governing Law and Jurisdiction: Confirmation of Dutch law governance and jurisdiction

Optional Sections

1. Currency Provisions: Required when guarantee involves multiple currencies or currency conversion

2. Tax Gross-up: Include when payments may be subject to withholding tax

3. Financial Covenants: Include when guarantors must maintain specific financial metrics

4. Security Interest: Include when guarantee is secured by specific assets

5. Change of Control: Include when changes in guarantor ownership should trigger specific provisions

6. Assignment and Transfer: Include when rights under the guarantee may need to be transferred

7. Data Protection: Include when personal data processing is involved

8. Force Majeure: Include when specific events should excuse performance

Suggested Schedules

1. Schedule 1 - Details of Underlying Obligation: Details of the principal debt or obligation being guaranteed

2. Schedule 2 - Guarantee Amounts: Specific amounts or percentages guaranteed by each guarantor

3. Schedule 3 - Form of Demand: Template for making demands under the guarantee

4. Schedule 4 - Guarantor Details: Complete details of all guarantors including addresses and contact information

5. Schedule 5 - Conditions Precedent: List of documents and conditions required before guarantee becomes effective

6. Appendix A - Related Security Documents: List and copies of any related security documents

7. Appendix B - Financial Information: Required financial statements or metrics of guarantors

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


































Clauses






























Relevant Industries

Banking and Financial Services

Real Estate and Construction

Manufacturing

Energy and Utilities

Infrastructure

Telecommunications

Retail and Consumer Goods

Transportation and Logistics

Technology and Software

Professional Services

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Development

Commercial

Credit

Operations

Company Secretariat

Relevant Roles

Chief Financial Officer

Legal Counsel

Finance Director

Treasury Manager

Credit Risk Manager

Corporate Finance Manager

Commercial Director

General Counsel

Contract Manager

Risk Manager

Financial Controller

Company Secretary

Compliance Officer

Business Development Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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