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Guaranty Fee Agreement

Guaranty Fee Agreement Template for Netherlands

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Key Requirements PROMPT example:

Guaranty Fee Agreement

"Need a Guaranty Fee Agreement under Dutch law for our parent company providing guarantees to its subsidiaries in the renewable energy sector, with a fee structure of 1.5% per annum of the guaranteed amount and quarterly payments starting March 2025."

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Document background
The Guaranty Fee Agreement is a crucial document in commercial and financial transactions under Dutch law where one party provides a guarantee to support another party's obligations in exchange for compensation. This agreement is commonly used in corporate group structures, project finance, and banking transactions where financial security is required. The document establishes the commercial terms of the guarantee arrangement, including the method for calculating the guarantee fee, payment terms, and related obligations. It needs to comply with Dutch civil law requirements, particularly the provisions of the Dutch Civil Code (Burgerlijk Wetboek) regarding contracts and guarantees. The agreement is essential for documenting the financial arrangement and ensuring clarity regarding the guarantor's compensation for the risk they assume.
Suggested Sections

1. Parties: Identification of the guarantor, the beneficiary, and any other relevant parties

2. Background: Context of the agreement, including reference to the underlying obligation being guaranteed

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

4. Guarantee Fee: Details of the fee structure, calculation method, and payment terms

5. Payment Terms: Specific provisions regarding timing, method, and currency of fee payments

6. Guarantor's Obligations: Scope and extent of the guarantee obligations

7. Term and Termination: Duration of the agreement and circumstances for termination

8. Representations and Warranties: Standard representations and warranties from both parties

9. Notices: Process and requirements for formal communications between parties

10. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes

11. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Multiple Guarantors: Additional provisions for cases involving multiple guarantors, including joint and several liability

2. Security: Provisions for any collateral or security provided to support the guarantee obligations

3. Regulatory Compliance: Specific provisions required for compliance with financial regulations, if applicable

4. Tax Provisions: Specific tax-related provisions if the fee arrangement has tax implications

5. Assignment and Transfer: Provisions governing the ability to transfer rights and obligations under the agreement

6. Force Majeure: Provisions dealing with circumstances beyond parties' control affecting fee payments

7. Confidentiality: Provisions for protecting confidential information, if needed

Suggested Schedules

1. Fee Calculation Schedule: Detailed methodology for calculating the guarantee fee, including any variables or formulas

2. Form of Guarantee: Template or copy of the actual guarantee being provided

3. Payment Schedule: Detailed schedule of payment dates and amounts, if applicable

4. Notice Requirements: Forms and procedures for required notices under the agreement

5. Contact Details: List of authorized representatives and contact information for both parties

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Business Day
Calculation Period
Default Interest
Effective Date
Event of Default
Fee
Fee Payment Date
Fee Rate
Guarantee
Guarantee Amount
Guaranteed Obligations
Guarantor
Initial Period
Interest Period
Material Adverse Effect
Notice
Outstanding Amount
Payment Currency
Permitted Transfer
Reference Banks
Regulatory Authority
Security
Subsidiary
Term
Termination Date
Underlying Agreement
Working Day
Bank Account
Beneficiary
Change of Control
Confidential Information
Force Majeure Event
Guaranteed Party
Insolvency Event
Principal Obligation
Representatives
Secured Obligations
Relevant Industries

Banking & Financial Services

Insurance

Corporate Finance

Real Estate

Infrastructure

Manufacturing

International Trade

Private Equity

Construction

Energy

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Commercial

Credit Risk

Business Development

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Corporate Lawyer

Risk Manager

Commercial Director

Contract Manager

Financial Controller

Compliance Officer

Business Development Manager

Credit Risk Officer

Company Secretary

Industries
Dutch Civil Code Book 6 (Contract Law): Contains general provisions on contracts and obligations, including formation, validity, and enforcement of contracts (Articles 6:213-6:279)
Dutch Civil Code Book 7, Title 14 (Suretyship): Specific provisions governing guarantees and suretyship agreements (Articles 7:850-7:870), including requirements for validity and enforcement
Dutch Civil Code Book 3 (Property Law): General provisions on legal acts and representation, relevant for contract formation and authority to enter into guarantee agreements
Dutch Financial Supervision Act (Wet op het financieel toezicht): Relevant if the guarantee is provided in a financial services context, including licensing requirements and conduct of business rules
Dutch Consumer Protection Act (Wet handhaving consumentenbescherming): Applicable if one party is a consumer, providing additional protection and requirements for consumer contracts
Dutch Money Laundering and Terrorist Financing Prevention Act (Wwft): May be relevant for customer due diligence requirements if the guarantee involves significant financial transactions
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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