Ireland—Guarantee and indemnity: single company guarantor—bilateral—all monies

Copyright © 2025 LexisNexis
Produced in partnership with William Johnston of ByrneWallace LLP
Precedents

Ireland—Guarantee and indemnity: single company guarantor—bilateral—all monies

Copyright © 2025 LexisNexis

Produced in partnership with William Johnston of ByrneWallace LLP

Precedents
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Using this Precedent Guarantee and Indemnity deed

This is a precedent bilateral guarantee and indemnity deed (Guarantee) which can be used to take a guarantee and indemnity from a company incorporated in Ireland.

This drafting note explains the context for its use and assumptions on which this Precedent Guarantee is based.

This Precedent Guarantee is drafted as a standalone guarantee on an all monies basis.

Precedent Guarantee for use in bilateral transactions

This Precedent Guarantee is designed for use in bilateral transactions (ie where there is only one lender) as opposed to syndicated transactions (ie where there is more than one lender). The parties to it are:

  1. •

    a single guarantor (defined as the ‘Guarantor’)

  2. •

    a single bank lender who is the beneficiary under the guarantee (defined as the ‘Lender’)

The guarantee is to be given by the Guarantor to the Lender in respect of the obligations of a single company (defined as the ‘Company’) to the Lender under various financing arrangements.

In some circumstances, the Guarantor will be the parent company of the Company. This is reflected by the

William Johnston
William Johnston

Solicitor, ByrneWallace LLP

William Johnston is an economics graduate of Trinity College Dublin; he qualified as a solicitor while training in McCann FitzGerald LLP and was a partner in Arthur Cox LLP for 30 years where he was head of the Financial Services Department for 16 years and Chair of the Learning and Development Committee for ten years; he is now a Consultant with ByrneWallace LLP; he was Chair of the Law Society’s Business Law Committee for two years and has lectured in the Law Society’s Diploma in Finance Law for 20 years and is currently the Law Society’s external Examiner in Banking Law and the lecturer on legal opinions in the Law Society’s Professional Course; he was a Board member of UCD’s Commercial Law Centre for six years and is a member of the editorial Boards of Commercial Law Practitioner, Butterworths Journal of International Banking and Financial Law and Business Law International; he represented the Law Society on the Company Law Review Group in 1994 and was a Ministerial nominee to the Company Law Review Group from 2000 to 2018 during which he chaired seven subcommittees; he was the first chair from Ireland of the Banking Law Committee of the International Bar Association where he also chaired the Banking Law Regulation sub-committee and the Legal Opinions sub-committee; his publications include Banking and Security Law in Ireland (1998 Butterworths) (2000 Bloomsbury Professional) and for Oxford University Press Set-off Law and Practice (2006, 2010, 2018) and Security over Receivables (2008).

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Jurisdiction(s):
Ireland
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