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1. Parties: Identifies the Guarantor(s), the Creditor, and the Principal Debtor
2. Background: Sets out the context of the guarantee, including details of the primary obligation being guaranteed
3. Definitions: Defines key terms used throughout the agreement
4. Guarantee and Indemnity: Core provision containing the guarantee obligations and indemnity
5. Extent of Guarantee: Specifies the scope and limitations of the guarantee, including maximum liability if applicable
6. Continuing Security: Establishes that the guarantee is continuing and covers future obligations
7. Guarantor's Obligations: Details specific obligations, warranties and undertakings of the guarantor
8. Preservation of Rights: Preserves creditor's rights in various circumstances like bankruptcy or variation of primary obligation
9. Payments: Specifies payment terms, currency, and method of payment
10. Costs and Expenses: Addresses liability for legal and enforcement costs
11. Notices: Sets out how formal notices must be given between parties
12. General Provisions: Contains standard boilerplate clauses including governing law, jurisdiction, and assignment
1. Security: Include when the guarantee is supported by specific security over assets
2. Multiple Guarantors: Include when there is more than one guarantor, addressing joint and several liability
3. Corporate Guarantor Provisions: Include when the guarantor is a company, addressing corporate authority and representations
4. Independent Legal Advice: Include when there's a requirement for the guarantor to obtain independent legal advice
5. Limit of Liability: Include when the guarantee is capped at a specific amount
6. Release and Replacement: Include when there are specific circumstances for releasing or replacing guarantors
1. Details of Guaranteed Obligations: Schedule listing the specific obligations being guaranteed
2. Form of Demand: Standard form for making demands under the guarantee
3. Security Details: If applicable, details of any security provided
4. Independent Legal Advice Certificate: Form for lawyer to certify that independent legal advice was given
5. Guarantor Information: Details of guarantors including addresses and contact information
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