Guarantee Fee Agreement Template for Netherlands

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Key Requirements PROMPT example:

Guarantee Fee Agreement

"I need a Guarantee Fee Agreement under Dutch law for our parent company's guarantee to our subsidiary's bank loan, with a 1% annual fee payable quarterly starting from March 2025, and including standard parent company guarantee provisions."

Document background
The Guarantee Fee Agreement is essential in transactions where one party provides a guarantee in favor of another in exchange for a fee. This document is commonly used in corporate group structures, project finance, and financial services arrangements under Dutch law. The agreement specifies how the guarantee fee is calculated, when and how it should be paid, and what happens in case of default. It's particularly important in situations involving parent company guarantees, bank guarantees, or other financial support arrangements where the guarantor requires compensation for the risk they're taking on. The document needs to comply with Dutch civil law requirements and, where applicable, financial regulatory requirements. The Guarantee Fee Agreement typically forms part of a larger transaction structure and may need to align with other finance documents such as facility agreements, security documents, or intercreditor arrangements.
Suggested Sections

1. Parties: Identification of the fee payer and fee receiver, including registration details and addresses

2. Background: Context of the guarantee arrangement and purpose of the fee agreement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Fee Calculation: Method and basis for calculating the guarantee fee

5. Payment Terms: Timing, currency, and method of fee payments

6. Payment Mechanics: Bank account details, payment instructions, and processing requirements

7. Tax Provisions: Treatment of taxes, including VAT if applicable, and withholding obligations

8. Representations and Warranties: Basic statements of fact and capacity from both parties

9. Default and Remedies: Events of default and available remedies

10. Term and Termination: Duration of the agreement and termination rights

11. Notices: Communication requirements and contact details

12. Governing Law and Jurisdiction: Confirmation of Dutch law and jurisdiction provisions

Optional Sections

1. Regulatory Compliance: Required when either party is subject to financial services regulations

2. Multiple Guarantors: Required when the fee arrangement covers multiple guarantee providers

3. Security: Required when security is provided for the fee payment obligations

4. Subordination: Required when the fee payments need to be subordinated to other obligations

5. Currency Conversion: Required when fees are calculated in one currency but paid in another

6. Group Company Provisions: Required when the agreement needs to account for group company structures

7. Assignment and Transfer: Detailed provisions required when transfer rights are important to the parties

8. Force Majeure: Required when parties want specific provisions for handling unforeseen events

Suggested Schedules

1. Fee Calculation Methodology: Detailed explanation of how the guarantee fee is calculated, including any formulae

2. Payment Details: Bank account information and payment processing requirements

3. Form of Payment Notice: Template for fee payment notices

4. Form of Invoice: Standard format for fee invoices

5. Guarantee Details: Summary of the underlying guarantee(s) to which the fee relates

6. Contact Details: List of authorized representatives and contact information

7. Compliance Requirements: Any specific regulatory or compliance requirements applicable to the fee arrangement

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
Relevant Industries

Financial Services

Banking

Insurance

Real Estate

Construction

Infrastructure

Manufacturing

Energy

Telecommunications

International Trade

Shipping

Aviation

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Tax

Commercial

Credit Risk

Operations

Relevant Roles

Chief Financial Officer

Treasury Manager

Financial Controller

Legal Counsel

Corporate Lawyer

Finance Director

Risk Manager

Commercial Director

Transaction Manager

Compliance Officer

Credit Risk Officer

Company Secretary

Finance Manager

General Counsel

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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