ByrneWallace LLP

This Practice Note explains the key characteristics of guarantees and how they are used in finance transactions in Ireland. It also explains why indemnities are used in guarantee documentation, the difference between a guarantee for a specific transaction and an all monies guarantee, whose obligations are commonly guaranteed in finance transactions and the use of limited guarantees. It also highlights the key guarantor rights and guarantor protections provided by the courts.

This Practice Note explains the nature and key features of debentures in Ireland. It also takes a look at the different categories of assets secured under a debenture and the usual type of security being taken in relation to each asset, including mortgages, fixed charges, floating charges and assignments by way of security, together with the respective perfection requirements and how a debenture is enforced.

This Practice Note explains the uses, scope and structure of legal opinions in finance transactions and outlines what legal opinions are, when legal opinions can be relied upon and by whom. It covers capacity and authority opinions and enforceability opinions in both a domestic and cross-border context. It also looks at the structure of a typical legal opinion letter. Produced in partnership with William Johnston of Byrne Wallace.

This is a precedent bilateral debenture which can be used to create security over all of the assets of a limited company incorporated in Ireland. It creates security for the chargor’s obligations to the lender on an all monies basis.

This Precedent letter of demand can be used by a lender when making demand for repayment from a borrower in Ireland. Produced in partnership with William Johnston of Byrne Wallace.

This precedent letter of demand can be used when making demand under a guarantee for repayment from a guarantor in Ireland.

This is a precedent bilateral guarantee and indemnity deed which can be used to create a guarantee from two group companies which are limited companies incorporated in Ireland. It creates an intra-group or cross guarantee of the obligations of the companies (defined in this precedent as the ‘Obligors’) to the Lender on an all monies basis. The Obligations being guaranteed are those of each guarantor acting as borrower and guarantor. If there are more companies in the group which will be acting as guarantors, add additional parties to the Parties clause and the signing clause within the definition of ‘Obligors’. Produced in partnership with William Johnston of Byrne Wallace.

This is a precedent bilateral guarantee and indemnity deed which can be used to take a guarantee from a limited company incorporated in Ireland. This Precedent guarantee and indemnity creates a guarantee of the obligations of the borrower company to the Lender on an all monies basis. Produced in partnership with William Johnston of Byrne Wallace.

This is a precedent bilateral guarantee and indemnity deed which can be used to create a guarantee from a limited company incorporated in Ireland. This precedent guarantee and indemnity creates a guarantee of the obligations of a borrower company to the lender on a specific monies basis. This Precedent can be used in conjunction with the precedent bilateral facility agreement. Produced in partnership with William Johnston of Byrne Wallance.

This is a precedent opinion letter which can be used as the basis for an opinion letter to be issued by the Lender’s lawyers in connection with a secured and/or guaranteed bilateral loan agreement which is being entered into by a limited company incorporated in Ireland. It covers the capacity and authority of the borrower and other obligors and the enforceability of the Irish law finance documents. It is assumed that in this transaction there is one borrower but potentially multiple guarantors. This Precedent can be used in conjunction with our precedent bilateral facility agreement. Produced in partnership with William Johnston of Byrne Wallace.

This is a Precedent opinion letter which can be used as the basis for an opinion letter to be issued by the Lender’s lawyers in connection with an unsecured bilateral loan agreement which is being entered into by a limited company incorporated in Ireland. It covers the capacity and authority of the borrower and the enforceability of the Irish law finance documents. It is assumed that in this transaction there is no guarantee or security, nor any hedging agreement. It is assumed there is only one borrower. This Precedent can be used in conjunction with our precedent bilateral facility agreement. Produced in partnership with William Johnston of Byrne Wallace.

This form of precedent is issued by a chargee in Ireland where a buyer is buying a business or asset subject to a floating charge or if a lender is taking security by way of a second floating charge. The chargee confirms that the charge has not crystallised and that it has taken no steps to crystallise the charge and consents to the sale or creation of the second floating charge. Produced in partnership with William Johnston, of Byrne Wallace.