The Guaranty Agreement serves as a critical risk mitigation tool in various commercial and financial transactions under Swiss law. This document type is commonly utilized when additional security is required for financial obligations, such as loans, credit facilities, or commercial contracts. The agreement must comply with the strict requirements of the Swiss Code of Obligations, particularly regarding form and content. A Guaranty Agreement typically includes detailed provisions about the scope of the guarantee, the maximum amount guaranteed, conditions for enforcement, and the rights and obligations of all parties involved. It's particularly relevant in banking transactions, corporate finance, and commercial dealings where one party seeks additional security for the performance of obligations by another party.
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1. Parties: Identification of the Guarantor, the Beneficiary (creditor), and reference to the Principal Debtor
2. Background: Context of the guarantee, including reference to the underlying obligation or principal debt being guaranteed
3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Principal Debt', 'Security', etc.
4. Guarantee: Core guarantee provisions, including scope, nature (joint and several vs. simple guarantee), and maximum amount
5. Guarantor's Representations and Warranties: Confirmations regarding capacity, authority, and financial condition of the Guarantor
6. Payment Obligations: Terms of payment, currency, timing, and method of payment under the guarantee
7. Duration and Termination: Term of the guarantee and conditions for termination or release
8. Independence of Guarantee: Confirmation that the guarantee is independent from the underlying obligation
9. Enforcement: Process and conditions for enforcing the guarantee
10. Notices: Communication requirements and contact details
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Security: Include when additional security is provided for the guarantee obligations
2. Financial Covenants: Include when the Guarantor must maintain specific financial metrics
3. Information Undertakings: Include when regular financial or other reporting is required from the Guarantor
4. Tax Gross-up: Include when tax implications need to be addressed
5. Currency Indemnity: Include for cross-border transactions involving multiple currencies
6. Assignment and Transfer: Include when transfer rights need to be specifically addressed
7. Multiple Guarantors: Include when there is more than one guarantor
8. Subordination: Include when the guarantee needs to be subordinated to other obligations
1. Form of Demand: Template for making a demand under the guarantee
2. Underlying Obligation Details: Details of the principal debt or obligation being guaranteed
3. Security Documents: If applicable, list and copies of security documents
4. Corporate Authorizations: Copies of relevant corporate approvals and authorizations
5. Financial Statements: If applicable, latest financial statements of the Guarantor
6. Calculation of Guaranteed Amount: If the guaranteed amount is variable or needs calculation
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