Loan Guaranty Agreement Generator for England and Wales

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Key Requirements PROMPT example:

Loan Guaranty Agreement

"I need a Loan Guaranty Agreement under English law where my company will guarantee a £5 million business loan to our subsidiary company, with the guarantee period starting from March 2025 and running for 5 years."

Document background
A Loan Guaranty Agreement is commonly used when a lender requires additional security for a loan beyond the borrower's own covenant. Under English and Welsh law, this document creates a secondary obligation where the guarantor promises to pay or perform if the primary obligor (borrower) defaults. The agreement typically includes detailed provisions about the scope of guarantee, enforcement mechanisms, and representations and warranties. This document is particularly important in commercial lending, corporate finance, and real estate transactions where additional security is required.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement - the lender, guarantor, and borrower

2. Background: Sets out context of the guarantee, including reference to the underlying loan agreement and reason for guarantee

3. Definitions: Defines key terms used throughout the agreement including 'Guaranteed Obligations', 'Event of Default', and 'Enforcement Event'

4. Guarantee and Indemnity: Core obligations of the guarantor including primary guarantee obligations and indemnity provisions

5. Scope of Guarantee: Extent and limitations of the guarantee, including maximum liability and any excluded obligations

6. Enforcement: Terms for enforcing the guarantee, including circumstances, notice requirements and enforcement process

7. Representations and Warranties: Guarantor's confirmations about capacity, authority, and financial condition

8. Preservation of Rights: Provisions ensuring guarantee remains valid despite variations to underlying loan or changes affecting borrower

9. Payments and Calculations: Rules regarding payment mechanics, timing, and calculation of amounts due

10. Costs and Expenses: Allocation of costs related to preparation, enforcement and amendments of the guarantee

Optional Sections

1. Security Provisions: Provisions dealing with any security provided by the guarantor to support the guarantee

2. Multiple Guarantors: Provisions for joint and several liability when more than one guarantor is involved

3. Currency Provisions: Rules for currency conversion and payment in cross-border transactions

4. Tax Gross-Up: Provisions requiring the guarantor to gross up payments if required to deduct tax

5. Financial Covenants: Financial requirements imposed on the guarantor to maintain their financial standing

Suggested Schedules

1. Form of Demand: Standard template for making demands under the guarantee

2. Underlying Loan Agreement: Copy or summary of the loan agreement being guaranteed

3. Security Documents: Details of any security provided by the guarantor

4. Guarantee Limitations: Detailed description of any caps, exclusions or limitations on the guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Industries

Statute of Frauds 1677: Fundamental legislation requiring guarantees to be in writing and signed by the guarantor to be enforceable

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of the guarantee agreement

Consumer Credit Act 1974: Applies when guarantor is an individual and the guarantee relates to consumer credit, imposing specific requirements for form and content

Unfair Contract Terms Act 1977: Regulates exclusion clauses and applies to business-to-business contracts

Consumer Rights Act 2015: Applies when guarantor is a consumer and governs fairness of contractual terms

Common Law Principles: Fundamental principles covering consideration, capacity to contract, misrepresentation, duress and undue influence

Financial Services and Markets Act 2000: Relevant when guarantee is provided in connection with regulated financial activities

Insolvency Act 1986: Governs treatment of guarantees in case of corporate guarantor insolvency and enforcement

Companies Act 2006: Covers corporate benefit requirements and directors' duties for corporate guarantors

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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