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Loan Guarantee Agreement
"I need a Loan Guarantee Agreement under Indonesian law for our manufacturing company to guarantee a USD 5 million loan to our subsidiary, with the guarantee period starting from March 1, 2025, and including specific provisions for foreign currency payments."
1. Parties: Identifies the guarantor, the lender (beneficiary of the guarantee), and the borrower whose obligations are being guaranteed
2. Background: Describes the underlying loan agreement and the context for providing the guarantee
3. Definitions: Defines key terms used throughout the agreement, including 'Guaranteed Obligations', 'Security', and 'Event of Default'
4. Guarantee: Core provision establishing the guarantee obligation, its scope, and nature (whether conditional or unconditional)
5. Representations and Warranties: Guarantor's statements about their legal capacity, authority, and financial condition
6. Payment Mechanics: Procedures and requirements for making payments under the guarantee, including currency and payment methods
7. Indemnity: Guarantor's obligation to indemnify the lender against losses related to the guarantee
8. Continuing Security: Establishes that the guarantee remains in effect until all guaranteed obligations are fully discharged
9. Enforcement: Rights and procedures for enforcing the guarantee, including notice requirements
10. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee
11. Notices: Communication procedures and contact details for all parties
12. Governing Law and Jurisdiction: Confirms Indonesian law as governing law and specifies jurisdiction for disputes
1. Security: Include when the guarantee is supported by specific collateral or security arrangements
2. Foreign Currency Provisions: Required when the guaranteed obligations are in a currency other than Indonesian Rupiah
3. Corporate Authority: Additional provisions required when the guarantor is a corporation, including corporate governance requirements
4. Joint and Several Liability: Include when there are multiple guarantors
5. Tax Gross-up: Include when tax implications need to be addressed explicitly
6. Release and Discharge: Detailed provisions for releasing the guarantor, required in complex financing structures
7. Financial Covenants: Include when the guarantor must maintain specific financial metrics
8. Change of Control: Include when changes in guarantor ownership might affect the guarantee
9. Registration Requirements: Include when the guarantee requires registration with specific Indonesian authorities
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 supporting the guarantee
5. Payment Instructions: Detailed banking and payment information
6. Guarantor Financial Statements: Recent financial statements of the guarantor
7. Compliance Certificates: Forms for periodic certification of compliance with agreement terms
Authors
Authorized Representative
Banking Day
Borrower
Default Interest
Event of Default
Finance Documents
Financial Indebtedness
Guaranteed Obligations
Guarantor
Lender
Loan Agreement
Material Adverse Effect
Notice of Demand
Outstanding Amount
Payment Date
Permitted Security Interest
Principal Agreement
Recovered Amount
Release Date
Secured Obligations
Security
Security Documents
Taxes
Tax Deduction
Working Day
Default Rate
Enforcement Notice
Guarantee Period
Indonesian Rupiah
Insolvency Event
Interest Period
Maximum Guaranteed Amount
Parties
Relevant Jurisdiction
Security Assets
Specified Currency
Underlying Documents
Recitals
Definitions
Interpretation
Guarantee and Indemnity
Representations and Warranties
Payment Obligations
Continuing Security
Immediate Recourse
Reinstatement
Waiver of Defenses
Costs and Expenses
Tax Gross-up
Currency Provisions
Set-off Rights
Discharge and Release
Assignment and Transfer
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Enforcement
Notices
Amendments and Waivers
Severability
Counterparts
Confidentiality
Governing Law
Dispute Resolution
Language Requirements
Banking
Financial Services
Real Estate
Infrastructure
Manufacturing
Mining
Agriculture
Construction
Retail
Energy
Telecommunications
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Banking
Credit Analysis
Operations
Corporate Secretariat
Investment
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Secretary
Credit Risk Manager
Relationship Manager
Treasury Manager
Compliance Officer
Risk Officer
Corporate Banking Manager
Legal Director
Finance Manager
Banking Operations Manager
Credit Analyst
Investment Manager
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