The Corporate Guarantee Agreement is a crucial document in Maltese commercial transactions where one company provides financial backing for another entity's obligations. It is commonly used in corporate group structures, project financing, real estate developments, and various commercial arrangements where additional security is required. The agreement, governed by Maltese law, must comply with both the Civil Code (Chapter 16) and Companies Act (Chapter 386), particularly regarding corporate authority and guarantee provisions. This document is essential when parent companies guarantee subsidiaries' obligations, in syndicated lending arrangements, or when corporate groups seek to strengthen their commercial positions. The agreement typically includes detailed provisions on the scope of guaranteed obligations, enforcement mechanisms, and the guarantor's rights and obligations, while incorporating specific requirements of Maltese law regarding corporate guarantees and securities.
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1. Parties: Identification of the Guarantor (corporate entity providing the guarantee), the Beneficiary (party receiving the guarantee), and the Principal Debtor (party whose obligations are being guaranteed)
2. Background: Context of the guarantee, including reference to the underlying principal agreement or facility being guaranteed
3. Definitions and Interpretation: Definitions of key terms used in the agreement and interpretation rules
4. The Guarantee: Core provisions setting out the guarantee obligations, including scope, extent, and nature of the guarantee (whether continuing, primary or secondary)
5. Payment Provisions: Terms governing how and when payments must be made under the guarantee, including currency and payment mechanisms
6. Representations and Warranties: Guarantor's confirmations regarding its capacity, authority, and financial condition
7. Preservation of Rights: Provisions ensuring the guarantee remains valid despite variations to the underlying obligation or other circumstances
8. Enforcement: Terms governing when and how the guarantee can be enforced, including any notice requirements
9. Indemnity: Additional protection requiring the guarantor to indemnify the beneficiary against losses
10. Costs and Expenses: Allocation of costs related to the preparation, enforcement, and preservation of the guarantee
11. Notices: Process and requirements for giving formal notices under the agreement
12. Assignment and Transfer: Rights and restrictions regarding the transfer of rights under the guarantee
13. Governing Law and Jurisdiction: Confirmation of Maltese law as governing law and jurisdiction of Maltese courts
1. Security: Include when the guarantee is secured by specific assets or rights
2. Tax Gross-Up: Include when payments under the guarantee may be subject to withholding tax
3. Financial Covenants: Include when the guarantor must maintain specific financial metrics
4. Information Undertakings: Include when regular financial or other information must be provided to the beneficiary
5. Multiple Guarantors: Include when there is more than one guarantor, setting out joint and several liability
6. Currency Indemnity: Include for cross-border transactions involving multiple currencies
7. Subordination: Include when the guarantee obligations need to be subordinated to other debt
8. Change of Control: Include when changes in guarantor ownership should trigger specific rights
1. Form of Demand: Template for making a demand under the guarantee
2. Principal Agreement: Copy or summary of the underlying agreement being guaranteed
3. Corporate Authorizations: Copies of board resolutions and other corporate approvals
4. Guaranteed Obligations: Detailed description or list of the obligations being guaranteed
5. Security Documents: If applicable, documents relating to any security provided
6. Notice Details: Detailed contact information for all parties for formal notices
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