Authorised Guarantee Agreement Template for Denmark

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Key Requirements PROMPT example:

Authorised Guarantee Agreement

I need an Authorised Guarantee Agreement under Danish law where our parent company (Nordic Solutions A/S) will guarantee the lease obligations of our subsidiary (TechStart Copenhagen ApS) for their new office space, with a maximum liability of 2 million DKK and a guarantee period until March 2025.

Document background
The Authorized Guarantee Agreement serves as a crucial legal instrument in Danish commercial transactions, providing financial security and risk mitigation for parties involved in various business arrangements. This document is typically used when a third party needs to guarantee the financial obligations of another entity, commonly in lease agreements, loan facilities, or other commercial contracts. The agreement, governed by Danish law, must comply with specific requirements under the Danish Contracts Act and related financial regulations. It outlines the scope of the guarantee, conditions for enforcement, and the rights and obligations of all parties involved. The document is particularly important in situations where additional security is required beyond the primary debtor's commitments, such as commercial lease agreements where a parent company guarantees a subsidiary's rental obligations. The Authorized Guarantee Agreement includes detailed provisions for enforcement, notice requirements, and payment terms, all structured to ensure compliance with Danish legal requirements and commercial practices.
Suggested Sections

1. Parties: Identification of the Guarantor, the Beneficiary (typically the landlord/creditor), and the Principal Debtor (typically the tenant/debtor)

2. Background: Context of the guarantee, including reference to the primary obligation (e.g., lease agreement, loan agreement) being guaranteed

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

4. Guarantee Obligations: Scope and extent of the guarantee, including the maximum amount guaranteed and the nature of the obligations covered

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

6. Demand Requirements: Process and requirements for making a demand under the guarantee

7. Payment Terms: Timeline and method for payment following a valid demand

8. Guarantor's Undertakings: Specific promises and commitments made by the guarantor

9. Representations and Warranties: Key statements of fact and assurances given by the guarantor

10. Enforcement: Rights and procedures for enforcing the guarantee

11. Notices: Requirements for formal communications between parties

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

Optional Sections

1. Multiple Guarantors: Additional provisions for cases involving more than one guarantor, including joint and several liability

2. Currency Provisions: Required for cross-border guarantees or when the guaranteed obligation is in a different currency

3. Tax Gross-up: Provisions ensuring that payments are made free of tax deductions where applicable

4. Transfer and Assignment: Provisions regarding the ability to transfer or assign rights under the guarantee

5. Amendments and Waivers: Process for modifying the agreement or waiving rights

6. Severability: Provisions dealing with the invalidity of specific clauses

7. Force Majeure: Provisions dealing with extraordinary events affecting the guarantee

8. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance

Suggested Schedules

1. Primary Obligation: Copy or key terms of the underlying agreement being guaranteed

2. Form of Demand: Template for making a valid demand under the guarantee

3. Corporate Authorizations: Copies of relevant corporate approvals and authorizations

4. Guarantor Information: Detailed information about the guarantor, including financial statements if relevant

5. Payment Details: Bank account and payment processing information

6. Guarantee Amount Calculation: If applicable, methodology for calculating or adjusting the guarantee amount

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Real Estate

Banking & Financial Services

Commercial Property

Retail

Manufacturing

Professional Services

Construction

Hospitality

Logistics

Corporate Services

Relevant Teams

Legal

Finance

Commercial

Risk Management

Treasury

Property Management

Corporate Governance

Credit Control

Operations

Compliance

Relevant Roles

Legal Counsel

Finance Director

Commercial Director

Property Manager

Risk Manager

Treasury Manager

Contracts Manager

Company Secretary

Chief Financial Officer

Legal Director

Commercial Lease Manager

Credit Risk Officer

Corporate Lawyer

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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