The Guarantee Agreement serves as a critical risk mitigation tool in various commercial and financial transactions under U.S. law. This document is typically used when a creditor requires additional security beyond the primary debtor's promise to pay or perform. The agreement specifies the guaranteed obligations, the conditions under which the guarantee can be called upon, and any limitations on the guarantor's liability. The document must comply with both federal regulations and state-specific requirements, particularly regarding enforceability and the Statute of Frauds. A well-drafted Guarantee Agreement is essential for protecting the creditor's interests while clearly defining the guarantor's obligations.

1. Parties: Identification of guarantor, creditor, and primary debtor

2. Background: Context of the guarantee and relationship between parties

3. Definitions: Key terms used throughout the agreement including guaranteed obligations, enforcement events, and relevant dates

4. Guarantee: Core obligations and scope of the guarantee, including nature and extent of guarantor's liability

5. Nature of Guarantee: Specification of whether the guarantee is continuing, limited/unlimited, and primary/secondary

6. Enforcement: Terms and conditions for enforcing the guarantee, including notice requirements and enforcement process

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

8. Governing Law: Applicable jurisdiction and law governing the agreement