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Guarantor Agreement
"I need a Guarantor Agreement under Philippine law where ABC Corporation will guarantee a PHP 5 million business loan from Metropolitan Bank to my startup company, with the guarantee period starting from March 1, 2025, and including provisions for quarterly financial reporting."
1. Parties: Identification of the Guarantor, the Creditor, and the Principal Debtor
2. Background: Context of the underlying obligation and the purpose of the guarantee
3. Definitions: Definitions of key terms used throughout the agreement
4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnification provisions
5. Scope of Guarantee: Extent and limitations of the guaranteed obligations
6. Duration: Term of the guarantee and conditions for termination
7. Guarantor's Representations and Warranties: Statements of fact and assurances provided by the guarantor
8. Payment Obligations: Terms and conditions for making payments under the guarantee
9. Enforcement: Circumstances and procedures for enforcing the guarantee
10. Preserving Rights: Provisions maintaining the creditor's rights and remedies
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
13. Execution: Signature blocks and execution formalities
1. Security: Include when the guarantee is secured by specific assets or collateral
2. Corporate Authority: Required when the guarantor is a corporation, detailing corporate approvals
3. Joint and Several Liability: Include when there are multiple guarantors
4. Assignment and Transfer: Include when rights under the guarantee may be assigned or transferred
5. Costs and Expenses: Include when specific cost allocation needs to be addressed
6. Tax Provisions: Include when tax implications need to be specifically addressed
7. Financial Covenants: Include when the guarantor must maintain specific financial conditions
8. Foreign Currency Provisions: Include when the guarantee involves foreign currency obligations
1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed
2. Schedule 2 - Form of Demand: Standard form for making demands under the guarantee
3. Schedule 3 - Security Details: Details of any security or collateral (if applicable)
4. Schedule 4 - Corporate Authorizations: Copies of relevant corporate approvals and resolutions
5. Appendix A - Principal Agreement: Copy of the underlying agreement giving rise to the guaranteed obligations
6. Appendix B - Compliance Certificate: Form of certificate for periodic compliance confirmation
Authors
Business Day
Creditor
Default Interest Rate
Demand
Effective Date
Enforcement Event
Event of Default
Guaranteed Obligations
Guarantor
Indemnified Parties
Losses
Material Adverse Effect
Original Obligor
Outstanding Amount
Permitted Security
PHP
Principal Agreement
Principal Debtor
Principal Obligations
Secured Obligations
Security
Security Documents
Taxes
Term
Third Party Rights
Underlying Agreement
USD
Working Hours
Indemnity
Payment Terms
Representations and Warranties
Covenants
Security
Default
Enforcement
Assignment
Notices
Amendments
Severability
Waiver
Costs and Expenses
Confidentiality
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Termination
Survival
Third Party Rights
Entire Agreement
Counterparts
Time of Essence
Further Assurance
Language
Notarization
Banking and Financial Services
Real Estate and Property Development
Manufacturing
Retail and Commerce
Construction
Infrastructure
Agriculture
Technology and Communications
Energy
Transportation and Logistics
Legal
Finance
Risk Management
Compliance
Treasury
Credit Administration
Corporate Secretariat
Commercial Operations
Business Development
Contract Management
Chief Financial Officer
Legal Counsel
Corporate Secretary
Risk Manager
Credit Manager
Finance Director
Commercial Director
Treasury Manager
Compliance Officer
Business Development Manager
Contract Administrator
Financial Controller
Chief Legal Officer
Banking Relationship Manager
Credit Risk Officer
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