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Guarantor In Loan Agreement
"I need a Guarantor in Loan Agreement for our Canadian subsidiary's corporate loan where three parent company directors will act as joint guarantors, with specific provisions for limiting each guarantor's liability to CAD 2 million and including quarterly financial reporting requirements."
1. Parties: Identifies all parties to the agreement including the lender, borrower, and guarantor(s)
2. Background: Explains the context of the guarantee, including reference to the main loan agreement
3. Definitions: Defines key terms used throughout the guarantee agreement
4. Guarantee and Indemnity: Core section establishing the guarantee obligations and indemnification provisions
5. Extent of Guarantor's Liability: Defines the scope and limitations of the guarantor's obligations
6. Nature of Guarantee: Specifies that the guarantee is continuing, unconditional and irrevocable
7. Preservation of Rights: Establishes that the lender's rights against the guarantor are preserved despite various circumstances
8. Payments: Details how and when payments must be made by the guarantor
9. Representations and Warranties: Guarantor's confirmations about their capacity and authority to enter into the guarantee
10. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee
11. Notices: Specifies how formal communications between parties should be made
12. Governing Law and Jurisdiction: Specifies that Canadian law governs and establishes jurisdiction for disputes
1. Security: Include when the guarantee is secured by specific assets of the guarantor
2. Multiple Guarantors: Include when there is more than one guarantor to establish joint and several liability
3. Limited Recourse: Include when the guarantee is limited to specific assets or amounts
4. Corporate Guarantor Provisions: Include when the guarantor is a corporation, including specific representations and warranties
5. Guarantee Release Conditions: Include when there are specific conditions under which the guarantee may be released
6. Currency Provisions: Include when the loan and guarantee involve multiple currencies
7. Tax Gross-Up: Include when tax implications need to be addressed in the guarantee payments
8. Financial Covenants: Include when the guarantor must maintain certain financial conditions
1. Schedule A - Primary Loan Agreement: Copy or summary of the main loan agreement being guaranteed
2. Schedule B - Guaranteed Obligations: Detailed description of the obligations being guaranteed, including any specific limitations
3. Schedule C - Security Details: Details of any security provided by the guarantor (if applicable)
4. Schedule D - Guarantor Information: Key information about the guarantor including contact details and notice information
5. Appendix 1 - Form of Demand: Standard form for making a demand under the guarantee
6. Appendix 2 - Compliance Certificate: Form for periodic confirmation of compliance with guarantee terms (if required)
Authors
Principal Agreement
Loan Agreement
Event of Default
Guarantee
Security
Business Day
Default Interest
Demand
Enforcement Event
Financial Indebtedness
Guaranteed Parties
Lender
Borrower
Guarantor
Permitted Security Interest
Related Rights
Security Documents
Material Adverse Effect
Claim
Encumbrance
Liability
Maximum Guaranteed Amount
Secured Obligations
Interest Period
Permitted Disposal
Release Date
Insolvency Event
Tax
Working Capital
Security Interest
Affiliate
Authorization
Expenses
Notice
Potential Event of Default
Relevant Jurisdiction
Subsidiary
Guarantee Period
Confidential Information
Guarantee and Indemnity
Representations and Warranties
Payment Obligations
Continuing Security
Assignment and Transfer
Joint and Several Liability
Subordination
Set-off Rights
Default Interest
Enforcement
Costs and Expenses
Currency Conversion
Discharge and Release
Remedies and Waivers
Severability
Amendment and Modification
Notices
Governing Law
Jurisdiction
Entire Agreement
Duration
Confidentiality
Preservation of Rights
Security Interest
Tax Provisions
Financial Covenants
Limitation of Liability
Force Majeure
Counterparts
Third Party Rights
Indemnification
Information Obligations
Authority and Capacity
Termination
Banking & Financial Services
Real Estate & Property
Commercial Lending
Corporate Finance
Small Business & Entrepreneurship
Construction & Development
Manufacturing
Retail
Professional Services
Agriculture
Legal
Finance
Credit Risk
Compliance
Commercial Banking
Corporate Banking
Business Development
Treasury
Risk Management
Operations
Chief Financial Officer
Finance Manager
Credit Risk Manager
Legal Counsel
Corporate Lawyer
Loan Officer
Commercial Banking Manager
Credit Analyst
Compliance Officer
Business Development Manager
Account Manager
Corporate Secretary
Risk Assessment Officer
Treasury Manager
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