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A Guarantee Agreement For Loan under Dutch law is utilized when a third party (guarantor) agrees to secure the loan obligations of a borrower to provide additional comfort to the lender. This document type is commonly used in both commercial and consumer contexts, though different rules apply to each. The agreement must comply with Dutch Civil Code (Burgerlijk Wetboek) requirements, particularly Book 7, Title 14 regarding guarantees (borgtocht). It sets out the scope of the guarantee, conditions for enforcement, representations and warranties, and payment obligations. The document is particularly relevant in situations where the borrower's creditworthiness alone may not be sufficient, or where group companies provide cross-guarantees for corporate financing structures. Special consideration must be given to consumer protection rules if the guarantor is an individual, and to financial regulatory requirements if the guarantee is provided in a professional context.

1. Parties: Identification of the Guarantor, Lender (Beneficiary), and Borrower

2. Background: Context of the underlying loan and purpose of the guarantee

3. Definitions: Key terms used throughout the agreement including 'Guaranteed Obligations', 'Security', 'Event of Default'

4. Guarantee: Core guarantee provisions, scope, and nature (whether conditional or unconditional)

5. Guarantor's Representations and Warranties: Statements about the Guarantor's capacity, authority, and financial condition

6. Continuing Security: Provisions establishing the guarantee as a continuing obligation

7. Payments: Payment obligations, currency, timing, and method of payment

8. Tax Gross-up: Provisions for handling tax deductions and ensuring the beneficiary receives full amounts

9. Costs and Expenses: Allocation of costs related to preparation and enforcement

10. Duration and Release: Term of the guarantee and conditions for release

11. Enforcement: Rights and procedures for enforcing the guarantee

12. Notices: Communication requirements and contact details

13. General Provisions: Standard boilerplate including severability, amendments, governing law

14. Execution: Signature blocks and execution requirements