The Guarantor Agreement For Loan is essential in Swiss lending transactions where additional security is required for a loan facility. This document is commonly used when a lender requires extra assurance beyond the borrower's own creditworthiness, typically in situations involving corporate groups, family businesses, or significant commercial loans. Under Swiss law, particularly the Swiss Code of Obligations (Articles 492-512), such guarantees must meet strict formal requirements, including written form and maximum liability specification. The agreement outlines the guarantor's obligations, enforcement mechanisms, and protective provisions for all parties. It's particularly relevant in scenarios where parent companies guarantee subsidiaries' loans, shareholders support their companies' borrowing, or individuals secure business loans for family members or related entities.
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1. Parties: Identification of the Guarantor, Principal Debtor (borrower), and Beneficiary (lender)
2. Background: Context of the underlying loan agreement and the purpose of this guarantee
3. Definitions: Definitions of key terms used throughout the agreement
4. Guarantee: Core section specifying the guarantee's scope, maximum amount, and nature (joint and several or simple guarantee)
5. Guarantor's Representations and Warranties: Guarantor's confirmations regarding legal capacity, understanding of obligations, and financial condition
6. Duration and Extent of Liability: Term of the guarantee and specific limitations on the guarantor's liability
7. Payment Obligations: Details of when and how the guarantor must make payments upon default
8. Enforcement: Procedures and conditions for enforcing the guarantee
9. Costs and Expenses: Allocation of costs related to the guarantee and its enforcement
10. Notices: Communication requirements and contact details
11. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction for disputes
1. Security: Include when the guarantor provides additional security for their obligations
2. Multiple Guarantors: Include when there is more than one guarantor, defining their relationship and obligations
3. Independent Advice: Include when the guarantor is an individual, confirming they received independent legal advice
4. Tax Provisions: Include when tax implications need specific addressing, particularly for cross-border situations
5. Currency Provisions: Include when the guaranteed loan is in a different currency from CHF
6. Assignment and Transfer: Include when transfer rights need to be specifically addressed
1. Schedule 1 - Underlying Loan Agreement: Copy or key terms of the loan agreement being guaranteed
2. Schedule 2 - Form of Demand: Template for making a demand under the guarantee
3. Schedule 3 - Guarantor's Asset Statement: Declaration of the guarantor's financial position
4. Appendix A - Power of Attorney: If applicable, authorization documentation for signing
5. Appendix B - Corporate Approvals: If applicable, corporate resolutions or approvals for the guarantee
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