Business Loan Guarantee Template for Germany

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Key Requirements PROMPT example:

Business Loan Guarantee

"I need a Business Loan Guarantee agreement under German law for my manufacturing company to guarantee a €2 million business loan for our subsidiary, with quarterly financial reporting requirements and early termination rights if the subsidiary's credit rating drops below BB+."

Document background
The Business Loan Guarantee agreement is essential in German commercial lending practices, providing security for business loans by introducing a third party (guarantor) who assumes responsibility for the borrower's debt. This document is typically used when a lender requires additional security beyond the borrower's own creditworthiness, often in cases of significant business loans, project financing, or when dealing with newly established companies. The guarantee must comply with German legal requirements, including specific formalities under the German Civil Code (BGB) and Commercial Code (HGB). The document details the extent of the guarantee, conditions for enforcement, and the guarantor's obligations, while incorporating German banking regulations and financial services requirements. It's particularly important in the German market where formal documentation and specific legal provisions for guarantees (Bürgschaft) are strictly observed.
Suggested Sections

1. Parties: Identification of the Guarantor, the Lender (Beneficiary), and the Principal Debtor

2. Background: Context of the guarantee, including reference to the principal loan agreement

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

4. Guarantee: Core provision establishing the guarantee obligation and its nature (e.g., absolute, unconditional, irrevocable)

5. Scope of Guarantee: Detailed description of the guaranteed obligations and any limitations

6. Payment Obligations: Terms and conditions for payment under the guarantee, including timing and process

7. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition

8. Duration and Validity: Term of the guarantee and conditions for its continuation or termination

9. Enforcement: Procedures and conditions for enforcing the guarantee

10. Preservation of Rights: Provisions ensuring the guarantee remains valid despite changes to the underlying loan

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

12. Notices: Communication requirements and contact details

13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

Optional Sections

1. Security: Include when the guarantee is secured by specific assets

2. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability

3. Currency Provisions: Include for cross-border transactions involving multiple currencies

4. Tax Gross-Up: Include when tax implications need to be addressed explicitly

5. Financial Covenants: Include when the guarantor must maintain specific financial metrics

6. Information Undertakings: Include when regular financial reporting from the guarantor is required

7. Change of Control: Include when guarantor's ownership changes might affect the guarantee

8. Subordination: Include when the guarantee needs to be ranked relative to other obligations

Suggested Schedules

1. Form of Demand: Template for making a demand under the guarantee

2. Principal Loan Agreement: Copy or key terms of the underlying loan agreement

3. Guarantor Board Resolution: Corporate authorization for providing the guarantee

4. Financial Information: Latest financial statements or relevant financial information of the guarantor

5. Security Details: If applicable, details of any security provided

6. Calculation of Guaranteed Amount: If complex, detailed breakdown of the guaranteed sum and any limitations

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Commercial Real Estate

Manufacturing

Retail

Technology

Healthcare

Construction

Energy

Transportation and Logistics

Professional Services

Agriculture

Hospitality

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Banking

Credit Administration

Documentation

Business Development

Corporate Finance

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Risk Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Banking Relationship Manager

Credit Analyst

Financial Controller

Business Development Manager

Contract Manager

Risk Assessment Officer

Corporate Finance Manager

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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