The Loan Guarantor Agreement is a critical document in secured lending transactions under Hong Kong law, providing additional security to lenders by introducing a third party who guarantees the borrower's obligations. This agreement is commonly used in both commercial and personal lending scenarios where the lender requires additional assurance beyond the borrower's own creditworthiness. The document includes detailed provisions on the scope of the guarantee, enforcement mechanisms, guarantor's rights and obligations, and specific protections required under Hong Kong law. It's particularly important in business lending, property transactions, and corporate finance where substantial sums are involved. The agreement must comply with Hong Kong's Contract Ordinance, Banking Ordinance, and other relevant legislation, and typically requires careful review by legal professionals to ensure enforceability.
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1. Parties: Identifies and defines the Lender, Borrower, and Guarantor(s)
2. Background: Recitals explaining the context of the loan agreement and the purpose of the guarantee
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules for the agreement
4. Guarantee and Indemnity: Core section establishing the guarantee obligations and indemnity provisions
5. Scope of Guarantee: Defines the extent of guaranteed obligations and any limitations
6. Nature of Guarantee: Establishes that the guarantee is continuing, unconditional and irrevocable
7. Preservation of Rights: Lender's rights preservation and circumstances that don't discharge the guarantee
8. Representations and Warranties: Guarantor's confirmations about their capacity and authority to provide the guarantee
9. Payments: Payment obligations, mechanics, and currency provisions
10. Costs and Expenses: Allocation of costs related to preparation and enforcement of the guarantee
11. Notices: Communication procedures and contact details for formal notices
12. Assignment and Transfer: Rights and restrictions regarding transfer of guarantee obligations
13. Governing Law and Jurisdiction: Confirms Hong Kong law governance and jurisdiction for disputes
14. Execution: Signature blocks and execution formalities
1. Security: Required if the guarantor is providing specific assets as security in addition to the guarantee
2. Corporate Guarantor Provisions: Additional provisions specific to corporate guarantors including corporate representations
3. Individual Guarantor Provisions: Additional provisions and protections specific to individual guarantors
4. Multiple Guarantors: Provisions for joint and several liability when there are multiple guarantors
5. Independent Legal Advice: Acknowledgment and certification of independent legal advice, particularly important for individual guarantors
6. Set-off Rights: Lender's rights to set off amounts in guarantor's accounts against guaranteed obligations
7. Currency Indemnity: Required for cross-border transactions involving multiple currencies
8. Tax Gross-up: Provisions for tax implications and gross-up obligations
1. Guaranteed Obligations: Details of the underlying loan agreement and obligations being guaranteed
2. Form of Demand: Standard form for making demands under the guarantee
3. Security Details: If applicable, details of any security provided by the guarantor
4. Corporate Authorizations: For corporate guarantors, copies of relevant board resolutions and authorizations
5. Independent Legal Advice Certificate: If applicable, certificate from legal advisor confirming advice given to guarantor
6. Notice Details: Detailed contact information and addresses for service of notices
Relevant legal definitions
Agreement
Authorized Representative
Business Day
Default
Default Interest
Encumbrance
Event of Default
Facility Agreement
Finance Documents
Financial Indebtedness
Guaranteed Obligations
Guarantor
HKFRS
Hong Kong
Interest Period
Law
Lender
Loan
Material Adverse Effect
Obligor
Outstanding Amount
Party/Parties
Potential Event of Default
Principal Debtor
Secured Obligations
Security
Security Interest
Taxes
Transaction Documents
Working Day
Authorized Representative
Business Day
Default
Default Interest
Encumbrance
Event of Default
Facility Agreement
Finance Documents
Financial Indebtedness
Guaranteed Obligations
Guarantor
HKFRS
Hong Kong
Interest Period
Law
Lender
Loan
Material Adverse Effect
Obligor
Outstanding Amount
Party/Parties
Potential Event of Default
Principal Debtor
Secured Obligations
Security
Security Interest
Taxes
Transaction Documents
Working Day
Clauses
Interpretation
Guarantee and Indemnity
Payment Obligations
Continuing Security
Representations and Warranties
Covenants
Default
Enforcement
Assignment and Transfer
Set-off Rights
Currency Provisions
Costs and Expenses
Indemnification
Notices
Amendments and Waivers
Severability
Confidentiality
Force Majeure
Counterparts
Independent Legal Advice
Joint and Several Liability
Security Provisions
Tax Provisions
Limitation of Liability
Governing Law and Jurisdiction
Dispute Resolution
Guarantee and Indemnity
Payment Obligations
Continuing Security
Representations and Warranties
Covenants
Default
Enforcement
Assignment and Transfer
Set-off Rights
Currency Provisions
Costs and Expenses
Indemnification
Notices
Amendments and Waivers
Severability
Confidentiality
Force Majeure
Counterparts
Independent Legal Advice
Joint and Several Liability
Security Provisions
Tax Provisions
Limitation of Liability
Governing Law and Jurisdiction
Dispute Resolution
Relevant Industries
Banking
Financial Services
Real Estate
Construction
Manufacturing
Retail
Import/Export
Technology
Professional Services
Healthcare
Education
Hospitality
Relevant Teams
Legal
Finance
Risk Management
Compliance
Credit
Corporate Banking
Commercial Banking
Treasury
Company Secretarial
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Risk Manager
Credit Manager
Compliance Officer
Banking Manager
Loan Officer
Contract Manager
Commercial Director
Treasury Manager
Company Secretary
Financial Controller
Credit Risk Analyst
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