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Joint Guarantee Agreement
"I need a Joint Guarantee Agreement under Indian law where three family-owned companies jointly guarantee a INR 50 crore business loan to be taken by their parent company from State Bank of India, with the guarantee period starting from March 1, 2025."
1. Parties: Identification of all parties: the creditor, principal debtor, and all joint guarantors
2. Background: Context of the underlying obligation and the purpose of the guarantee
3. Definitions: Definitions of key terms used throughout the agreement
4. Guarantee and Indemnity: Core section establishing the guarantee obligations and indemnification provisions
5. Joint and Several Liability: Provisions establishing that guarantors are jointly and severally liable for the guaranteed obligations
6. Scope of Guarantee: Detailed description of what obligations are covered by the guarantee
7. Duration and Validity: Term of the guarantee and conditions affecting its validity
8. Demands and Payments: Process for making demands under the guarantee and payment obligations
9. Representations and Warranties: Statements of fact and assurances given by the guarantors
10. Guarantors' Rights and Obligations: Rights between co-guarantors and their obligations to each other
11. Creditor's Rights and Remedies: Rights of the creditor in enforcing the guarantee
12. Preservation of Rights: Provisions ensuring guarantee remains valid despite changes to underlying obligation
13. Costs and Expenses: Allocation of costs related to the guarantee
14. Notices: Communication procedures between parties
15. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction
1. Security Provisions: Include when the guarantee is backed by specific security or collateral
2. Step-In Rights: Include when guarantors have rights to take over the principal debtor's position
3. Currency Provisions: Include for cross-border transactions involving multiple currencies
4. Tax Provisions: Include when specific tax implications need to be addressed
5. Assignment and Transfer: Include when rights under the guarantee may need to be transferred
6. Force Majeure: Include when specific events might affect guarantee obligations
7. Confidentiality: Include when sensitive commercial information is involved
8. Limitation of Liability: Include when guarantors' liability needs specific caps or limitations
1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed
2. Schedule 2 - Form of Demand: Standard form for making demands under the guarantee
3. Schedule 3 - Security Details: Details of any security or collateral provided (if applicable)
4. Schedule 4 - Guarantor Information: Detailed information about each guarantor including contact details
5. Schedule 5 - Payment Instructions: Bank account and payment details for guarantee payments
6. Appendix A - Underlying Agreement: Copy of the principal agreement being guaranteed
7. Appendix B - Corporate Authorizations: Copies of corporate approvals for providing the guarantee
Authors
Business Day
Creditor
Default Interest
Demand
Encumbrance
Event of Default
Finance Documents
Financial Indebtedness
Guaranteed Obligations
Guarantors
Insolvency Event
Joint Notice
Material Adverse Effect
Obligation Currency
Payment Currency
Principal Debtor
Principal Agreement
Recovered Amount
Recovery Rights
Relevant Jurisdiction
Security
Security Documents
Stamp Duty
Underlying Agreement
Enforcement Notice
Guarantee Period
Guarantor Share
Inter-Guarantor Rights
Maximum Guaranteed Amount
Outstanding Amount
Permitted Security
Release Date
Secured Obligations
Trigger Event
Guarantee and Indemnity
Joint and Several Liability
Continuing Security
Primary Obligation
Waiver of Defenses
Representations and Warranties
Undertakings
Payment Mechanics
Currency
Set-off
Costs and Expenses
Tax Gross-up
Contribution Rights
Subrogation Rights
Preservation of Rights
Default Interest
Amendment and Modification
Assignment and Transfer
Confidentiality
Notices
Severability
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Counterparts
Entire Agreement
Third Party Rights
Security Provisions
Limitation Period
Enforcement Rights
Release and Discharge
Banking and Financial Services
Real Estate and Construction
Manufacturing
Infrastructure
Retail and Commercial
Energy and Utilities
Telecommunications
Healthcare
Education
Transportation and Logistics
Legal
Finance
Risk Management
Treasury
Commercial
Credit
Compliance
Corporate Secretarial
Business Development
Operations
Legal Counsel
Chief Financial Officer
Risk Manager
Corporate Finance Manager
Treasury Manager
Commercial Director
Credit Manager
Compliance Officer
Company Secretary
Financial Controller
Business Development Manager
Contract Manager
General Manager
Managing Director
Finance Director
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