The Loan Guarantee agreement is a crucial document in Indonesian financial transactions, typically used when a lender requires additional security beyond the borrower's own covenant. This document type is particularly relevant in corporate financing, project finance, and commercial lending scenarios where the creditworthiness of the borrower alone may not satisfy the lender's requirements. The Loan Guarantee must comply with Indonesian law, particularly the Civil Code (KUH Perdata) Articles 1820-1850 and relevant banking regulations. It establishes the guarantor's obligation to step in and fulfill the borrower's payment obligations if the borrower defaults, detailing the mechanism for demand, payment, and enforcement. The document is commonly used in both domestic Indonesian transactions and cross-border financing where Indonesian entities or assets are involved.
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1. Parties: Identification of the Guarantor, the Lender (Beneficiary), and the Borrower
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 detailing the scope and nature of the guarantee obligation
5. Representations and Warranties: Guarantor's declarations regarding their capacity and authority to provide the guarantee
6. Payment Obligations: Details of how and when the guarantee can be called upon, payment mechanics
7. Continuing Security: Provisions establishing the guarantee as a continuing obligation
8. Indemnity: Guarantor's indemnification obligations
9. Preservation of Rights: Lender's rights preservation and ability to enforce
10. Discharge and Release: Conditions for discharge of the guarantee obligations
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Confirmation of Indonesian law governance and jurisdiction for disputes
13. Execution: Signature blocks and execution requirements
1. Security: Include when the guarantee is backed by specific assets or collateral
2. Financial Covenants: Include when the guarantor must maintain certain financial metrics
3. Tax Provisions: Include when there are specific tax implications or gross-up requirements
4. Currency Provisions: Include when guarantee payments may be made in multiple currencies
5. Multiple Guarantors: Include when there is more than one guarantor, detailing joint and several liability
6. Assignment and Transfer: Include when rights under the guarantee may be assigned or transferred
7. Bank Account Details: Include when specific payment accounts need to be designated
1. Form of Demand: Template for making a demand under the guarantee
2. Underlying Loan Agreement: Copy or key terms of the loan agreement being guaranteed
3. Corporate Authorizations: Copies of relevant corporate approvals and authorizations
4. Security Details: Details of any security or collateral (if applicable)
5. Guarantor Financial Statements: Recent financial statements of the guarantor if required
6. Compliance Certificate: Form of certificate for periodic financial covenant compliance
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