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1. Parties: Identification of the Guarantor, Principal Debtor, and Creditor with full legal names and addresses
2. Background: Context of the guarantee, including reference to the principal debt or obligation being guaranteed
3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Security', and 'Event of Default'
4. Guarantee and Indemnity: Core section detailing the guarantee obligations, scope, and indemnification provisions
5. Nature and Extent of Guarantee: Specifies whether the guarantee is continuing, limited or unlimited, and any maximum liability caps
6. Guarantor's Representations and Warranties: Confirmations regarding capacity, authority, and financial condition of the Guarantor
7. Payment Provisions: Terms for making payments, including timing, method, and currency
8. Preservation of Rights: Creditor's rights preservation, including right to pursue either Guarantor or Principal Debtor
9. Enforcement: Circumstances and procedures for enforcing the guarantee
10. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction for disputes
1. Security: Include when the guarantee is supported by specific security arrangements or assets
2. Joint and Several Liability: Required when there are multiple guarantors
3. Corporate Guarantor Provisions: Specific provisions required when the guarantor is a company
4. Assignment and Transfer: Include when rights under the guarantee may need to be transferred
5. Bank Account Details: Include when regular payments are required under the guarantee
6. Consumer Protection Provisions: Required when the guarantor is acting as a consumer
7. Independent Legal Advice: Include when there's a requirement for the guarantor to obtain independent legal advice
8. Currency Provisions: Include for cross-border transactions involving multiple currencies
1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed
2. Schedule 2 - Guarantee Limitation Amount: Specific details of any caps or limitations on the guarantee amount
3. Schedule 3 - Security Assets: List and description of any assets provided as security (if applicable)
4. Schedule 4 - Principal Agreement: Copy or key terms of the agreement giving rise to the guaranteed obligations
5. Appendix A - Form of Demand: Standard form for making a demand under the guarantee
6. Appendix B - Legal Advice Certificate: Template certificate confirming independent legal advice (if required)
Find the exact document you need
Guarantor Agreement
A Maltese law-governed agreement where a guarantor commits to secure the obligations of a principal debtor to a creditor.
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A Maltese law-governed document where a guarantor commits to securing another party's financial obligations, structured in accordance with Malta's Civil Code requirements.
Corporate Guarantee Agreement
A Maltese law-governed agreement where a corporate entity guarantees the obligations or debts of another party, structured under Malta's Civil Code and Companies Act.
Personal Guaranty Agreement
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A Maltese law agreement where a third party guarantees a tenant's obligations under a lease agreement, providing security to the landlord.
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