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Guarantee Agreement Template for Denmark

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Key Requirements PROMPT example:

Guarantee Agreement

I need a Guarantee Agreement under Danish law for our construction company to guarantee completion of a residential development project by March 2025, with a maximum liability of 5 million DKK.

What is a Guarantee Agreement?

The Guarantee Agreement serves as a critical financial security instrument under Danish law, commonly used in various commercial and financial transactions. This document is essential when one party requires assurance of performance or payment from another party, with a third party providing that assurance. The agreement is structured to comply with Danish legal requirements and commercial practices, detailing the specific obligations being guaranteed, the conditions under which the guarantee can be called upon, and the extent of the Guarantor's liability. It's particularly relevant in scenarios such as construction projects, loan facilities, commercial leases, or international trade transactions where financial security is required. The Guarantee Agreement includes comprehensive provisions for enforcement, ensuring that the rights of all parties are clearly defined and protected under Danish jurisdiction.

What sections should be included in a Guarantee Agreement?

1. Parties: Identification of the Guarantor, the Beneficiary, and the Principal Debtor (if party to the agreement)

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

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

4. Guarantee: Core section detailing the scope and nature of the guarantee obligation

5. Maximum Liability: Specification of the maximum amount covered by the guarantee

6. Duration: Term of the guarantee, including start date and expiry conditions

7. Demands and Payments: Process for making demands under the guarantee and payment terms

8. Representations and Warranties: Standard representations and warranties by the Guarantor

9. Enforcement: Rights and procedures for enforcing the guarantee

10. Notices: Communication procedures between parties

11. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and jurisdiction for disputes

What sections are optional to include in a Guarantee Agreement?

1. Counter-Indemnity: Terms for indemnification of the Guarantor by the Principal Debtor - include when the Principal Debtor is a party to the agreement

2. Security: Details of any security provided to support the guarantee - include when specific assets are pledged

3. Multiple Guarantors: Provisions governing relationship between multiple guarantors - include when there is more than one guarantor

4. Assignment: Terms regarding transfer of rights under the guarantee - include when assignment rights are relevant

5. Currency Provisions: Provisions dealing with currency conversion and payment - include for cross-border guarantees

6. Tax Gross-Up: Provisions for tax-related adjustments to payments - include when tax implications are significant

7. Amendments and Waivers: Process for modifying the guarantee terms - include for complex or long-term guarantees

What schedules should be included in a Guarantee Agreement?

1. Form of Demand: Template for making valid demands under the guarantee

2. Underlying Obligation: Copy or summary of the obligation being guaranteed

3. Security Documents: Details of any security arrangements supporting the guarantee

4. Authorized Signatories: List of persons authorized to make demands or give notices

5. Payment Details: Bank account and payment instruction details

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 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

Construction and Real Estate

Manufacturing

International Trade

Energy and Utilities

Infrastructure

Retail

Transportation and Logistics

Professional Services

Technology

Relevant Teams

Legal

Finance

Treasury

Risk Management

Commercial

Compliance

Credit Control

Corporate Affairs

Business Development

Project Management

Relevant Roles

Legal Counsel

Finance Director

Risk Manager

Treasury Manager

Commercial Director

Contract Manager

Chief Financial Officer

Credit Manager

Compliance Officer

Business Development Manager

Project Manager

Corporate Lawyer

Banking Relationship Manager

Senior 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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