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Parent company guarantees are promises by a parent company to meet another party’s liabilities if a subsidiary defaults. In practice, a solicitor drafts, reviews and negotiates the guarantee, checks its scope, duration and any caps, and considers what happens on insolvency, change of control or restructuring. They also assess enforceability, ensure the guarantee aligns with any underlying loan or credit facility, and advise on risk allocation between parent and subsidiary.
The guarantee details the extent of the parent’s liability, including caps, triggers and duration, and what steps the lender may take if the subsidiary cannot pay. The solicitor identifies the relationship to underlying facilities, cross-default provisions and any security interests, ensuring enforceability and protecting the parent from unintended exposure.
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