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1. Parties: Identifies the Guarantor, Principal Obligor (the party whose obligations are being guaranteed), and the Beneficiary
2. Background: Sets out the context of the underlying obligation and the purpose of the guarantee
3. Definitions: Defines key terms used throughout the guarantee agreement
4. Guarantee and Indemnity: Core section establishing the scope and nature of the guarantee obligations
5. Duration of Guarantee: Specifies the term of the guarantee and any conditions affecting its duration
6. Guarantor's Representations and Warranties: Key statements about the Guarantor's capacity and authority to provide the guarantee
7. Enforcement and Claims Procedure: Process for making claims under the guarantee and enforcement mechanisms
8. Preservation of Rights: Provisions ensuring the guarantee remains valid despite changes to the underlying obligation
9. Notices: Communication procedures between parties
10. Governing Law and Jurisdiction: Confirms Indian law as governing law and specifies jurisdiction for disputes
11. Execution: Formal signing section with necessary attestation requirements
1. Step-In Rights: Used when the Guarantor has the right to take over the Principal Obligor's position in certain circumstances
2. Counter Indemnity: Include when the Principal Obligor agrees to indemnify the Guarantor for any payments made under the guarantee
3. Security: Required if the guarantee is backed by specific assets or security arrangements
4. Assignment and Transfer: Include if parties need the ability to transfer their rights under the guarantee
5. Costs and Expenses: Add when there are specific arrangements for bearing costs related to the guarantee
6. Multiple Guarantors: Include when there is more than one guarantor to specify joint and several liability
7. Limitation of Liability: Optional cap on the Guarantor's liability, if agreed between parties
1. Form of Demand: Template for making claims under the guarantee
2. Underlying Obligation: Details or copy of the obligation being guaranteed
3. Guarantor Board Resolution: Corporate authorization for providing the guarantee
4. Conditions Precedent: List of documents/conditions required before guarantee becomes effective
5. Contact Details: Detailed contact information for all parties for notices
6. Guarantor's Corporate Documents: Copies of relevant corporate documents proving authority to give guarantee
Applicable Law
Beneficiary
Business Day
Claim
Commencement Date
Conditions Precedent
Default
Demand Notice
Effective Date
Encumbrance
Event of Default
Expiry Date
Force Majeure Event
Guarantee
Guarantee Obligations
Guarantee Period
Guaranteed Obligations
Guarantor
Indian GAAP
Insolvency Event
Material Adverse Effect
Notice
Obligations
Permitted Security Interest
Principal Obligor
Principal Agreement
Related Party
Relevant Jurisdiction
Security
Specified Performance
Step-In Notice
Step-In Rights
Termination Date
Underlying Agreement
Working Day
Representations and Warranties
Duration
Enforcement
Claims Procedure
Performance Obligations
Notice Requirements
Default Events
Remedies
Step-In Rights
Counter-Indemnity
Preservation of Rights
Waiver
Amendment
Assignment
Confidentiality
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Severability
Entire Agreement
Third Party Rights
Costs and Expenses
Stamp Duty
Further Assurance
Communications
Counterparts
Time of Essence
Indemnification
Construction
Manufacturing
Infrastructure
Real Estate
Engineering
Energy
Telecommunications
Information Technology
Mining
Transportation
Logistics
Industrial Services
Legal
Commercial
Operations
Risk Management
Compliance
Corporate Secretarial
Business Development
Project Management
Contract Administration
Legal Counsel
Contract Manager
Project Manager
Risk Manager
Commercial Director
Chief Legal Officer
Company Secretary
Business Development Manager
Operations Director
Compliance Officer
General Manager
Chief Executive Officer
Chief Operating Officer
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