The Guaranty Fee Agreement is essential in transactions where one party provides a guarantee to support another party's obligations. This document is commonly used in the United States when a guarantor agrees to assume the risk of default or non-performance by a principal debtor in exchange for a fee. The agreement specifies the calculation method for the fee, payment schedule, and circumstances under which the guarantee and associated fees may be modified or terminated. It's particularly important in commercial lending, real estate transactions, and corporate finance where third-party guarantees are required to secure obligations.
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1. Parties: Identifies the guarantor, beneficiary, and principal debtor
2. Background: Explains the context of the underlying obligation and need for guaranty
3. Definitions: Key terms used throughout the agreement
4. Fee Structure: Details of the guaranty fee, calculation method, and payment terms
5. Payment Terms: Timing and method of fee payments
6. Term and Termination: Duration of the agreement and termination conditions
1. Security: Details of any collateral securing the guaranty fee obligation (include when fee payment is secured by specific assets)
2. Tax Provisions: Treatment of taxes related to the guaranty fee (include when tax implications need specific addressing)
3. Currency Provisions: Handling of multiple currencies (include when parties operate in different jurisdictions)
1. Fee Calculation Schedule: Detailed methodology for calculating the guaranty fee
2. Payment Schedule: Timeline of fee payments
3. Form of Invoice: Standard format for fee invoicing
4. Underlying Obligations Schedule: Details of the obligations being guaranteed
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