The Guarantee Fee Agreement is essential in arrangements where one party provides a guarantee in favor of another party in exchange for a fee. This document type is commonly used in Danish business practice when financial institutions, parent companies, or other entities provide guarantees and require compensation for the associated risk and capital commitment. The agreement specifically details how the guarantee fee is calculated, when and how it should be paid, and what happens in case of default or early termination. It is particularly important in corporate group structures, project finance, and financial transactions where guarantees are a key component of the security package. The document must comply with Danish law, including the Danish Contracts Act and Financial Business Act, and should reflect market standards for guarantee fee arrangements in Denmark.
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Key Requirements PROMPT example:
Guarantee Fee Agreement
Need a Guarantee Fee Agreement governed by Danish law for our Danish parent company providing a guarantee to our subsidiary's bank loan, with a 1.5% annual fee payable quarterly starting March 2025.
1. Parties: Identification of the guarantor and the beneficiary, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, reference to the underlying guarantee(s), and the purpose of the fee arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Guarantee', 'Guarantee Fee', 'Payment Date', etc.
4. Guarantee Fee: Details of the fee structure, calculation method, and amount
5. Payment Terms: Specification of payment dates, payment method, currency, and account details
6. Duration: Term of the agreement, including start date and conditions for termination
7. Representations and Warranties: Standard representations and warranties from both parties
8. Information Rights: Requirements for providing information related to the underlying guarantee and fee calculations
9. Notices: Communication procedures and contact details for formal notices
10. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
1. Multiple Guarantee Provisions: Required when the fee agreement covers multiple guarantees with different terms or fee structures
2. Fee Adjustment Mechanism: Needed when the fee may be adjusted based on specific triggers or circumstances
3. Security: Include when additional security is required for the fee payments
4. Tax Gross-Up: Required when tax implications need to be addressed explicitly
5. Regulatory Compliance: Include when specific regulatory requirements need to be addressed
6. Force Majeure: Optional clause for circumstances preventing fee payment or performance
7. Assignment and Transfer: Include when transfer rights need to be specifically addressed
1. Fee Calculation Schedule: Detailed methodology for calculating the guarantee fee, including any variables or formulas
2. Form of Payment Notice: Template for fee payment notices and invoicing requirements
3. Underlying Guarantee(s): Copy or summary of the guarantee(s) to which the fee relates
4. Payment Schedule: Detailed schedule of payment dates and amounts if fixed payments are agreed
5. Contact Details: List of key contacts and their roles for both parties
Authors
Relevant legal definitions
Agreement
Business Day
Calculation Period
Default Interest Rate
Due Date
Effective Date
Event of Default
Fee Rate
Guarantee
Guarantee Amount
Guarantee Fee
Guaranteed Obligations
Guarantor
Interest Period
Notice
Outstanding Amount
Payment Date
Principal Obligor
Reference Banks
Regulatory Event
Security
Specified Currency
Termination Date
Underlying Agreement
Working Hours
Business Day
Calculation Period
Default Interest Rate
Due Date
Effective Date
Event of Default
Fee Rate
Guarantee
Guarantee Amount
Guarantee Fee
Guaranteed Obligations
Guarantor
Interest Period
Notice
Outstanding Amount
Payment Date
Principal Obligor
Reference Banks
Regulatory Event
Security
Specified Currency
Termination Date
Underlying Agreement
Working Hours
Clauses
Parties
Recitals
Definitions
Fee Calculation
Payment Terms
Currency
Payment Mechanics
Information Rights
Representations and Warranties
Covenants
Events of Default
Tax
Increased Costs
Set-off
Assignment
Amendments
Severability
Force Majeure
Notices
Confidentiality
Data Protection
Anti-corruption
Sanctions Compliance
Entire Agreement
Third Party Rights
Governing Law
Jurisdiction
Counterparts
Recitals
Definitions
Fee Calculation
Payment Terms
Currency
Payment Mechanics
Information Rights
Representations and Warranties
Covenants
Events of Default
Tax
Increased Costs
Set-off
Assignment
Amendments
Severability
Force Majeure
Notices
Confidentiality
Data Protection
Anti-corruption
Sanctions Compliance
Entire Agreement
Third Party Rights
Governing Law
Jurisdiction
Counterparts
Relevant Industries
Financial Services
Banking
Insurance
Construction
Real Estate
Manufacturing
International Trade
Infrastructure
Energy
Telecommunications
Shipping and Maritime
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Banking
Credit
Operations
Business Development
Transaction Management
Relevant Roles
Chief Financial Officer
Treasury Manager
Finance Director
Legal Counsel
Corporate Lawyer
Risk Manager
Credit Manager
Financial Controller
Compliance Officer
Transaction Manager
Business Development Director
Corporate Banking Manager
Relationship Manager
Security Trustee
Contract Administrator
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