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Guarantee Facility Agreement
"I need a Guarantee Facility Agreement under Belgian law for a €50 million facility between BNP Paribas Fortis as guarantor and our construction company as principal, to be used for issuing performance bonds and tender guarantees for infrastructure projects starting March 2025."
1. Parties: Identification of the guarantor, beneficiary, and any other relevant parties to the agreement
2. Background: Context of the agreement, relationship between parties, and purpose of the guarantee facility
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Guarantee Facility: Core terms of the facility including maximum amount, availability period, and purpose
5. Issue of Guarantees: Process and conditions for issuing guarantees under the facility
6. Fees and Expenses: All fees payable, including facility fees, issuance fees, and expense reimbursement
7. Payment Mechanics: Payment procedures, currency provisions, and timing of payments
8. Representations and Warranties: Standard representations and warranties from the parties
9. Information Undertakings: Obligations to provide financial and other information
10. General Undertakings: General obligations and covenants of the parties
11. Events of Default: Circumstances constituting default and consequences
12. Changes to Parties: Rules for assignment, transfer, and succession
13. Administration: Administrative provisions including notices and calculations
14. Governing Law and Enforcement: Choice of law, jurisdiction, and enforcement provisions
15. Execution: Signature blocks and execution formalities
1. Security: Include when the facility is secured by collateral or other security interests
2. Counter-Indemnity: Include when there's a separate counter-indemnity obligation from a third party
3. Tax Provisions: Detailed tax provisions when cross-border elements or specific tax considerations apply
4. Multiple Currencies: Include when guarantees can be issued in multiple currencies
5. Bank Guarantee Syndication: Include for syndicated guarantee facilities with multiple guarantor banks
6. Electronic Banking Provisions: Include when electronic platforms are used for guarantee issuance or management
7. Regulatory Compliance: Specific regulatory compliance provisions for regulated entities
8. Force Majeure: Include when specific force majeure provisions are required beyond standard provisions
1. Form of Guarantee Request: Standard form for requesting issuance of guarantees under the facility
2. Form of Guarantee: Template guarantee format to be used for issuance
3. Conditions Precedent: List of required documents and conditions to be satisfied before facility effectiveness
4. Fee Schedule: Detailed breakdown of all applicable fees and charges
5. Guarantee Facility Limits: Breakdown of facility limits by type of guarantee, currency, or beneficiary if applicable
6. Contact Details: Contact information for all parties and authorized representatives
7. Compliance Requirements: Detailed compliance requirements and procedures
8. Form of Transfer Certificate: Standard form for transferring rights under the facility if permitted
Authors
Agreement
Applicable Law
Applicable Margin
Authority
Available Facility
Banking Day
Base Currency
Beneficiary
Break Costs
Business Day
Commitment
Conditions Precedent
Counter-Guarantee
Default
Default Interest
Event of Default
Expiry Date
Facility
Facility Amount
Facility Period
Fee Letter
Finance Document
Financial Indebtedness
Guarantee
Guarantee Commission
Guarantee Request
Guaranteed Obligations
Guarantor
Insolvency Event
Interest Period
Issuance Date
Material Adverse Effect
Optional Currency
Original Financial Statements
Party
Payment Date
Principal
Quotation Day
Reference Banks
Relevant Market
Repeating Representations
Request
Security
Security Documents
Subsidiary
Tax
Total Commitments
Transfer Certificate
Unpaid Sum
Utilisation
Utilisation Date
Utilisation Request
VAT
Facility Establishment
Purpose
Conditions Precedent
Utilisation
Issuance
Fees
Tax
Payment Terms
Currency
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Security
Set-off
Counter-Indemnity
Changes to Parties
Assignment and Transfer
Confidentiality
Data Protection
Force Majeure
Notices
Calculations
Partial Invalidity
Remedies and Waivers
Amendments
Counterparts
Third Party Rights
Governing Law
Enforcement
Jurisdiction
Service of Process
Banking & Financial Services
Construction & Infrastructure
International Trade
Manufacturing
Energy & Utilities
Real Estate & Property Development
Telecommunications
Mining & Resources
Transport & Logistics
Government & Public Sector
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Banking
Trade Finance
Credit
Commercial
Project Finance
Chief Financial Officer
Treasury Manager
Finance Director
Legal Counsel
Contract Manager
Risk Manager
Compliance Officer
Corporate Banking Manager
Trade Finance Manager
Credit Risk Officer
Commercial Director
Project Finance Manager
Senior Corporate Lawyer
Banking Relationship Manager
Financial Controller
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