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Guarantor Contract
"I need a Guarantor Contract where ABC Holdings Inc. will guarantee a $2 million business loan from FirstBank to its subsidiary XYZ Operations LLC, with the guarantee being limited to 80% of the outstanding loan amount and effective from March 1, 2025."
1. Parties: Identifies and defines the Guarantor, Creditor, and Principal Debtor
2. Background: Explains the context of the guarantee, including reference to the principal debt or obligation being guaranteed
3. Definitions: Defines key terms used throughout the agreement
4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnification provisions
5. Scope of Guarantee: Defines exactly what obligations are covered by the guarantee
6. Nature of Guarantee: Specifies whether the guarantee is continuing, irrevocable, and/or unconditional
7. Guarantor's Representations and Warranties: Statements of fact and assurances given by the guarantor
8. Payment Obligations: Details of how and when payments must be made under the guarantee
9. Enforcement and Rights of Creditor: Outlines when and how the creditor can enforce the guarantee
10. Preservation of Rights: Ensures creditor's rights are maintained in various circumstances
11. Costs and Expenses: Allocation of costs related to the guarantee
12. Notices: How formal communications between parties should be made
13. Governing Law and Jurisdiction: Specifies applicable law and courts having jurisdiction
14. Execution: Signature blocks and execution requirements
1. Security Provisions: Include when the guarantee is supported by specific security arrangements
2. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability
3. Limit of Liability: Include when the guarantee is capped at a specific amount
4. Release Conditions: Include when specific conditions for releasing the guarantor are agreed
5. Assignment and Transfer: Include when rights under the guarantee may need to be transferred
6. Subordination: Include when the guarantor's rights need to be subordinated to other creditors
7. Financial Covenants: Include when the guarantor must maintain certain financial metrics
8. Corporate Authorization: Include when the guarantor is a corporation requiring specific authorization provisions
1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed
2. Schedule 2 - Principal Agreement: Copy or summary of the main agreement being guaranteed
3. Schedule 3 - Security Details: Details of any security provided in support of the guarantee
4. Schedule 4 - Guarantor Information: Key information about the guarantor including financial details
5. Appendix A - Form of Demand: Standard form for making a demand under the guarantee
6. Appendix B - Compliance Certificate: Template for periodic confirmation of compliance with guarantee terms
Authors
Business Day
Creditor
Default
Default Interest
Effective Date
Enforcement Event
Event of Default
Financial Indebtedness
Guarantee
Guarantee Period
Guaranteed Obligations
Guarantor
Indemnified Parties
Interest Rate
Law
Liabilities
Material Adverse Change
Notice
Parties
Payment Currency
Payment Date
Principal Agreement
Principal Debtor
Principal Obligations
Release Date
Secured Obligations
Security
Security Interest
Taxes
Transaction Documents
Underlying Agreement
Working Day
Indemnity
Representations and Warranties
Payment Obligations
Default and Enforcement
Continuing Security
Recovery and Subrogation
Set-off Rights
Costs and Expenses
Assignment and Transfer
Amendments and Waivers
Severability
Notices
Counterparts
Confidentiality
Force Majeure
Entire Agreement
Third Party Rights
Further Assurance
Governing Law
Jurisdiction
Interpretation
Liability Limitation
Authority and Capacity
Termination
Remedies
Interest
Currency
Time of Essence
Joint and Several Liability
Financial Services
Banking
Real Estate
Commercial Lending
Retail
Construction
Manufacturing
Professional Services
Healthcare
Education
Hospitality
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretariat
Credit
Commercial
Business Development
Operations
Chief Financial Officer
Treasury Manager
Credit Risk Manager
General Counsel
Legal Counsel
Corporate Lawyer
Finance Director
Commercial Director
Risk Manager
Compliance Officer
Contract Manager
Business Development Manager
Corporate Secretary
Financial Controller
Credit Analyst
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