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Commercial Guaranty Agreement
"I need a Commercial Guaranty Agreement for my company to guarantee a £500,000 loan from ABC Bank to our subsidiary company, with the guarantee period starting from March 1, 2025, and including specific provisions for early termination."
1. Parties: Identifies and defines the Guarantor, Creditor, and Principal Debtor
2. Background: Explains the context and purpose of the guarantee
3. Definitions: Defines key terms used throughout the agreement including Guaranteed Obligations
4. Guarantee and Indemnity: Core obligations of the guarantor including primary and secondary obligations
5. Duration: Term of the guarantee and conditions for termination
6. Representations and Warranties: Guarantor's confirmations about their capacity and authority
7. Payment Provisions: Terms relating to payments, including timing and method
8. Enforcement: Creditor's rights and procedures for enforcement
9. Preservation of Rights: Provisions maintaining the guarantee despite changes to underlying obligations
10. Governing Law and Jurisdiction: Specifies English and Welsh law as governing law and relevant courts
1. Security Provisions: Additional security arrangements when the guarantee is supported by specific assets
2. Assignment: Rights and restrictions on assigning or transferring the guarantee
3. Multiple Guarantors: Provisions for joint and several liability when there is more than one guarantor
4. Costs and Expenses: Detailed provisions on allocation of costs and expenses
5. Currency Provisions: Specific provisions for guarantees involving multiple currencies
1. Schedule 1 - Principal Agreement: Copy or details of the main agreement being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed list of obligations covered by the guarantee
3. Schedule 3 - Form of Demand: Template for making demands under the guarantee
4. Schedule 4 - Corporate Authorizations: Required corporate approvals and resolutions for company guarantors
Authors
Business Day
Creditor
Default
Default Interest
Encumbrance
Event of Default
Guaranteed Obligations
Guarantor
Indemnity
Interest Rate
Liability
Loss
Material Adverse Change
Notice
Parties
Principal Agreement
Principal Debtor
Principal Obligations
Security
Security Interest
Taxes
Term
Working Day
Representations and Warranties
Duration
Continuing Security
Preservation of Rights
Discharge and Release
Payment Provisions
Default Interest
Set-off Rights
Assignment and Transfer
Notices
Amendments and Waivers
Severability
Entire Agreement
Third Party Rights
Joint and Several Liability
Costs and Expenses
Enforcement
Remedies and Waivers
Further Assurance
Counterparts
Confidentiality
Governing Law
Jurisdiction
Service of Process
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