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Declaration From A Guarantor
"I need a Declaration from a Guarantor document for three corporate guarantors jointly guaranteeing a $5 million equipment lease agreement, where the guarantors are subsidiaries of our parent company and the guarantee needs to be effective from March 1, 2025."
1. Declaration Date and Parties: Identifies the guarantor, the creditor, and the primary debtor, including full legal names and addresses
2. Background: Explains the context of the guarantee, including reference to the primary obligation being guaranteed
3. Definitions: Defines key terms used throughout the declaration
4. Guarantee and Indemnity: The core declaration of guarantee, stating the scope and nature of the guarantee being provided
5. Extent of Liability: Clearly defines the maximum amount guaranteed and whether it includes interest, costs, and expenses
6. Duration of Guarantee: Specifies when the guarantee becomes effective and when it terminates
7. Guarantor's Confirmations: Statements confirming the guarantor's capacity, authority, and understanding of the obligations
8. Enforcement Rights: Details the circumstances under which the guarantee can be enforced
9. Execution: Signature block with attestation language and notarization requirements
1. Security Provisions: Required when specific assets are being pledged as security for the guarantee
2. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability
3. Corporate Authority: Required for corporate guarantors, including corporate resolutions and authority confirmations
4. Spousal Consent: Required in community property states or when spousal rights may affect the guarantee
5. Financial Covenants: Optional section for maintaining certain financial conditions throughout the guarantee period
6. Subordination Provisions: Required when the guarantee needs to be subordinated to other obligations
1. Schedule A - Primary Obligation: Details of the primary debt or obligation being guaranteed, including payment terms
2. Schedule B - Secured Assets: Description of any assets pledged as security for the guarantee (if applicable)
3. Schedule C - Financial Statements: Current financial statements or net worth statements of the guarantor
4. Appendix 1 - Corporate Resolution: Copy of corporate resolution authorizing the guarantee (for corporate guarantors)
5. Appendix 2 - Supporting Documents: Copies of relevant identification documents, proof of address, or other supporting documentation
Authors
Primary Obligation
Guarantee
Guarantor
Principal Debtor
Beneficiary
Default Event
Enforcement Date
Guaranteed Amount
Security
Secured Assets
Effective Date
Termination Date
Business Day
Guarantee Period
Underlying Agreement
Enforcement Notice
Guaranteed Liabilities
Related Rights
Permitted Transfer
Material Adverse Change
Guarantee Documents
Relevant Jurisdiction
Security Interest
Payment Currency
Recoveries
Discharge Date
Credit Agreement
Guarantor Obligations
Enforcement Rights
Representations and Warranties
Payment Obligations
Scope of Guarantee
Default Events
Enforcement Rights
Termination
Governing Law
Jurisdiction
Notices
Assignment and Transfer
Amendments and Waivers
Severability
Entire Agreement
Counterparts
Costs and Expenses
Tax Gross-Up
Currency
Set-Off Rights
Subordination
Further Assurance
Limitation of Liability
Authority and Capacity
Independent Legal Advice
Preservation of Rights
Communications
Time of Essence
Joint and Several Liability
Compliance with Laws
Insolvency Events
Banking and Financial Services
Real Estate
Commercial Lending
Retail
Manufacturing
Construction
Professional Services
Healthcare
Technology
Educational Institutions
Hospitality
Small Business
Legal
Finance
Credit and Risk
Compliance
Commercial Banking
Corporate Banking
Business Development
Account Management
Treasury
Underwriting
Credit Manager
Risk Assessment Officer
Commercial Loan Officer
Legal Counsel
Compliance Officer
Chief Financial Officer
Credit Analyst
Account Manager
Underwriting Manager
Contract Administrator
Corporate Secretary
Treasury Manager
Business Development Manager
Relationship Manager
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