As a general rule, each party should be informed of the critical elements of the agreement for each act signed by two or more parties. It is therefore necessary for a junior lender to reach a clear ground before the start of the transaction and identify the fundamental issues as follows: The most frequent application of a guarantee-sharing agreement is in real estate projects where a group of developers can apply for funds from different banks while using the same property as collateral for making these funds available. In these cases, the lender consortium mandates a leading lender responsible for the payment of all funds, to manage the securities and recover the funds with interest. This common lead is most often referred to as agent in the context of a shared collateral agreement. Lenders and/or their interest representatives are parties to an agreement on the financing, financing and distribution of collateral dated April 6, 1990, as amended until that date, with respect to agreements reached by lenders and agents on the adoption of measures against guarantees and the distribution of the proceeds of borrowers` and security commitments. A senior debt credit agreement consists of sensitive issues, such as interest charges, costs and allowances, which favour the priority lender over junior lenders. It is also common for a primary lender to be able to modify them without the consent of a junior lender. Therefore, a junior lender should negotiate a cap on the amount of priority debt and ensure that there is a clause preventing the priority lender from changing the terms of the priority loan. Security agreements often contain agreements that include provisions for fund development, a repayment plan or insurance requirements. The borrower may also authorize the lender to keep the loan guarantees until repayment. Security agreements may also cover intangible assets such as patents or claims.
Under Dutch (Dutch) law, the Dutch civil code designates the guarantee as an agreement by which a third party undertakes a contractual creditor to comply with a debtor`s contractual obligations. Such a guarantee agreement is concluded between the surety company and the creditor. The debtor of the guaranteed commitment is not required to participate in such an agreement. It is even possible that such a guarantee agreement will be concluded without the debtor`s knowledge or agreement. Article 7:850 of the Dutch Civil Code is established: 1. A guarantee agreement is an agreement under which one of the parties (hereafter referred to as the guarantee) has committed to the other party (the “creditor”) to fulfil an obligation that a third party (the principal debtor) has owed or returned to the creditor. 2. For the validity of a guarantee agreement, it is not necessary for the principal debtor to know the existence of the guarantee in question.