Guarantee And Indemnity Agreement Template for Pakistan

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Key Requirements PROMPT example:

Guarantee And Indemnity Agreement

"I need a Guarantee and Indemnity Agreement for my manufacturing company in Karachi to guarantee a PKR 50 million trade finance facility being provided by ABC Bank Limited to our subsidiary company, with the guarantee to become effective from March 1, 2025."

Document background
The Guarantee and Indemnity Agreement is a crucial document in Pakistani commercial and financial transactions, commonly used when financial institutions or businesses require additional security for lending or commercial arrangements. It is particularly relevant in situations where there is a need to secure corporate or personal obligations, such as loan facilities, trade finance, or performance obligations. The document combines two distinct legal concepts under Pakistani law: a guarantee (regulated primarily by the Contract Act 1872) and an indemnity, providing the beneficiary with robust protection through dual obligations. The agreement is essential in various contexts, from simple bilateral arrangements to complex corporate financing structures, and must comply with Pakistani stamp duty requirements and registration regulations where applicable. Common scenarios for its use include corporate group financing, project finance security packages, and trade finance facilities.
Suggested Sections

1. Parties: Identification of the Guarantor, Principal Debtor, and Beneficiary with their full legal names and addresses

2. Background: Context of the guarantee, reference to the underlying agreement or facility, and the purpose of the guarantee

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

4. Guarantee: Core guarantee provisions, including scope, nature (continuing/specific), and conditions of the guarantee

5. Indemnity: Separate indemnity obligations of the guarantor, ensuring enforceability even if the primary obligation becomes unenforceable

6. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition

7. Payment Provisions: Terms for making payments, currency, method, and timing of payments under the guarantee

8. Preservation of Rights: Provisions ensuring the guarantee remains valid despite variations to the underlying obligation or forbearance

9. Enforcement: Circumstances and procedures for enforcing the guarantee, including notice requirements

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

11. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction of Pakistani courts

Optional Sections

1. Security: Include when the guarantee is secured by specific assets or collateral

2. Corporate Authorizations: Required when the guarantor is a corporation, detailing board approvals and corporate authority

3. Financial Covenants: Include when ongoing financial requirements are imposed on the guarantor

4. Multiple Guarantors: Required when there is more than one guarantor, addressing joint and several liability

5. Assignment and Transfer: Include when rights under the guarantee may need to be assigned or transferred

6. Currency Indemnity: Include for cross-border transactions involving multiple currencies

7. Tax Gross-Up: Include when payments may be subject to withholding tax

8. Communications: Include detailed notice provisions for formal communications between parties

Suggested Schedules

1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed

2. Schedule 2 - Form of Demand: Standard form for making a demand under the guarantee

3. Schedule 3 - Conditions Precedent: List of documents and conditions required before the guarantee becomes effective

4. Schedule 4 - Corporate Authorizations: Copies of relevant corporate approvals and authorizations

5. Schedule 5 - Security Details: Description of any security or collateral provided (if applicable)

6. Appendix A - Underlying Agreement: Copy of the primary agreement or facility being guaranteed

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

Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Real Estate

Construction

Manufacturing

Trading

Import/Export

Infrastructure

Telecommunications

Energy

Commercial Lending

Corporate Finance

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Banking

Credit Administration

Company Secretarial

Commercial Operations

Security Administration

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Risk Manager

Credit Manager

Treasury Manager

Commercial Director

Company Secretary

Compliance Officer

Banking Relationship Manager

Security Trustee

Corporate Banking Officer

Legal Manager

Contract Administrator

Industries
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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