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Guarantor Letter Template for Denmark

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Guarantor Letter

Document background
The Guarantor Letter is a crucial document in Danish commercial and financial transactions where additional security is required for obligations. It serves as a legally binding commitment from a guarantor to assume responsibility for another party's obligations in case of default. Under Danish law, the Guarantor Letter must clearly specify the scope of the guarantee, whether it's conditional or unconditional, and the precise circumstances under which it can be called upon. This document is commonly used in various contexts, including loan agreements, lease agreements, construction contracts, and commercial transactions. The letter must comply with Danish legal requirements, particularly those set out in the Danish Contracts Act and Credit Agreements Act, and should be carefully drafted to ensure enforceability and clarity of obligations.
Suggested Sections

1. Addressee Details: Full name and address of the beneficiary of the guarantee

2. Guarantor Details: Full name, address and registration details (if company) of the guarantor

3. Reference to Primary Obligation: Clear identification of the underlying agreement or debt being guaranteed

4. Guarantee Declaration: Express statement of the guarantee commitment and its nature (unconditional/conditional)

5. Scope of Guarantee: Specific amount or limitation of the guarantee and what obligations it covers

6. Duration: Term of the guarantee and any conditions for its expiry

7. Payment Terms: Conditions and process for making payments under the guarantee

8. Governing Law Statement: Confirmation that Danish law governs the guarantee

Optional Sections

1. Multiple Guarantors Clause: Required when there are multiple guarantors, defining joint and several liability

2. Demand Requirements: Specific requirements for making a valid demand under the guarantee, used in conditional guarantees

3. Step-In Rights: Rights of the guarantor to take over the underlying obligation, if applicable

4. Corporate Authority Statement: Required for corporate guarantors, confirming authority to issue the guarantee

5. Counter-Indemnity: Where the guarantor requires indemnification from the principal debtor

6. Assignment Restrictions: Restrictions on transferring rights under the guarantee, if needed

Suggested Schedules

1. Payment Schedule: Details of any scheduled payments or financial obligations under the guarantee

2. Principal Debt Details: Detailed description of the underlying debt or obligation being guaranteed

3. Corporate Authorizations: Copies of relevant board resolutions or powers of attorney for corporate guarantors

4. Demand Form: Standard form for making demands under the guarantee

Authors

Relevant legal definitions























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Relevant Industries
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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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