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Continuing Guarantee Agreement
"I need a Continuing Guarantee Agreement under Indian law where ABC Manufacturing Ltd will act as guarantor for XYZ Textiles Private Limited's credit facility of INR 50 crores from State Bank of India, with the guarantee to be effective from March 1, 2025."
1. Parties: Identifies the Guarantor, the Creditor (Beneficiary), and the Principal Debtor
2. Background: Describes the context of the guarantee, including details of 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, including the continuing nature of the guarantee
5. Extent of Guarantee: Specifies the maximum liability amount and scope of the guarantee
6. Duration and Validity: Establishes the term of the guarantee and conditions for its continuation
7. Guarantor's Representations and Warranties: Statements of fact and assurances given by the guarantor regarding their capacity and authority
8. Rights and Obligations of the Creditor: Details the creditor's rights to enforce the guarantee and their obligations
9. Enforcement and Recovery: Procedures for enforcing the guarantee in case of default
10. Notices: Communication requirements and contact details for all parties
11. Governing Law and Jurisdiction: Specifies Indian law as governing law and determines jurisdiction for disputes
1. Corporate Authority: Required when the guarantor is a company, including board resolutions and shareholder approvals
2. Security Provisions: Include when the guarantee is secured by specific assets or collateral
3. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability
4. Assignment and Transfer: Include if the rights under the guarantee may be assigned or transferred
5. Force Majeure: Optional clause for circumstances beyond parties' control affecting guarantee obligations
6. Costs and Expenses: Include when specific provisions about legal and enforcement costs are needed
1. Schedule 1 - Principal Obligations: Detailed description of the underlying debt or obligations being guaranteed
2. Schedule 2 - Guarantor Information: Detailed information about the guarantor, including financial statements if relevant
3. Schedule 3 - Security Details: If applicable, details of any security or collateral provided
4. Schedule 4 - Form of Demand: Standard format for making demands under the guarantee
5. Appendix A - Board Resolution: If corporate guarantor, copy of board resolution approving the guarantee
6. Appendix B - Compliance Documents: Copies of relevant compliance documents and certificates
Authors
Applicable Law
Business Day
Creditor
Default
Default Interest
Demand
Effective Date
Enforcement Event
Event of Default
Finance Documents
Financial Indebtedness
Guarantee
Guarantee Obligations
Guaranteed Amount
Guarantor
Indemnity
Interest
Liability
Material Adverse Effect
Maximum Liability Amount
Notice
Obligations
Party/Parties
Principal Debtor
Principal Documents
Recovery Expenses
Related Rights
Secured Obligations
Security
Security Documents
Taxes
Term
Termination Date
Underlying Agreement
Guarantee and Indemnity
Continuing Security
Principal Debtor's Obligations
Representations and Warranties
Payment Obligations
Interest Provisions
Security Provisions
Default and Enforcement
Indemnification
Costs and Expenses
Assignment and Transfer
Notices
Amendments and Waivers
Severability
Entire Agreement
Governing Law
Jurisdiction
Force Majeure
Confidentiality
Termination
Survival
Time of Essence
Counterparts
Third Party Rights
Further Assurance
Joint and Several Liability
Dispute Resolution
Set-off Rights
Tax Provisions
Banking
Financial Services
Real Estate
Manufacturing
Infrastructure
Retail
Construction
Information Technology
Telecommunications
Healthcare
Legal
Finance
Risk Management
Compliance
Treasury
Credit Control
Corporate Secretarial
Banking Operations
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Risk Manager
Credit Manager
Company Secretary
Treasury Manager
Compliance Officer
Banking Relationship Manager
Contract Manager
Financial Controller
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