The Guarantor Agreement For Loan is a fundamental document in Indian lending practices, essential for securing loan obligations through third-party guarantees. This agreement is commonly used when a borrower requires additional creditworthiness support to obtain a loan, or when lenders seek extra security for their lending exposure. The document, structured under Indian law and particularly the Indian Contract Act, 1872, details the guarantor's commitment to assume responsibility for the borrower's debt in case of default. It includes crucial information about the underlying loan, the extent of the guarantee, conditions for invoking the guarantee, and the rights and obligations of all parties. The agreement is widely used across various sectors, from personal loans to corporate financing, and requires careful drafting to ensure enforceability and protection of the lender's interests while clearly defining the guarantor's liability limits.
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1. Parties: Identifies the three key parties: Creditor (Lender), Principal Debtor (Borrower), and Guarantor
2. Background: Describes the context of the loan agreement and the requirement for guarantee
3. Definitions: Defines key terms used throughout the agreement including Guaranteed Obligations, Security, Events of Default
4. Guarantee and Indemnity: Core section detailing the guarantee obligations, including the amount guaranteed and the nature of the guarantee (continuing guarantee)
5. Scope of Guarantee: Specifies what obligations are covered and the extent of guarantor's liability
6. Guarantor's Representations and Warranties: Statements about guarantor's capacity, authority, and financial condition
7. Guarantor's Covenants: Ongoing obligations of the guarantor during the term of the guarantee
8. Events of Default: Circumstances that trigger guarantor's liability and enforcement rights
9. Rights of the Creditor: Lender's rights including enforcement, assignment, and modification of underlying loan
10. Preservation of Rights: Provisions ensuring guarantee remains valid despite changes to underlying loan or debtor's status
11. Notices: Communication requirements and contact details for all parties
12. Governing Law and Jurisdiction: Specifies Indian law as governing law and jurisdiction for disputes
1. Security Provisions: Required when the guarantee is secured by specific assets or property
2. Multiple Guarantors: Include when there are multiple guarantors, defining joint and several liability
3. Guarantee Commission: Include if the guarantor charges any commission for providing the guarantee
4. Step-In Rights: Optional provisions allowing guarantor to take over borrower's business in default scenarios
5. Limited Liability: Include when guarantor's liability is capped at a specific amount
6. Cross Default: Include when default under other agreements triggers liability under this guarantee
7. Assignment and Transfer: Required if either party needs right to assign the guarantee
1. Schedule 1 - Underlying Loan Details: Details of the primary loan agreement including amount, tenure, interest rate
2. Schedule 2 - Security Details: Description of any security or collateral provided by the guarantor
3. Schedule 3 - Form of Demand: Standard format for making demand under the guarantee
4. Schedule 4 - Guarantor's Personal/Financial Information: Details of guarantor's assets, income, and other relevant financial information
5. Appendix A - Compliance Documents: List of required compliance documents from guarantor
6. Appendix B - Payment Schedule: Schedule of guaranteed payments if structured payment is involved
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