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1. Parties: Identification of the Creditor, Principal Debtor, and Surety with full legal names and details
2. Background: Context of the principal debt and reason for the suretyship arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including 'Principal Debt', 'Secured Obligations', and 'Security'
4. Principal Debt: Clear description of the debt or obligation being secured by the suretyship
5. Nature and Extent of Suretyship: Detailed description of the surety's obligations and the extent of the security provided
6. Duration of Suretyship: Period of validity and any conditions affecting the duration of the suretyship
7. Surety's Obligations: Specific undertakings and warranties by the surety
8. Rights of the Creditor: Powers and remedies available to the creditor under the agreement
9. Payments and Recovery: Terms regarding payment obligations, recovery of costs, and interest
10. Renunciation of Benefits: Explicit renunciation of common law benefits available to sureties
11. Representations and Warranties: Declarations by the surety regarding capacity and authority
12. General Terms: Standard contractual provisions including notices, amendments, and governing law
1. Co-Sureties: Required when multiple sureties are involved, defining joint and several liability
2. Corporate Authority: Required when the surety is a corporate entity, including necessary resolutions and authorizations
3. Continuing Covering Suretyship: Used when the suretyship covers future debts or obligations
4. Matrimonial Status: Required when the surety is a married person, addressing matrimonial property regime implications
5. Security Cession: Optional section for cases where the surety provides additional security through cession of rights
6. Consumer Protection Provisions: Required when the surety qualifies as a consumer under the Consumer Protection Act
7. Independent Legal Advice: Optional confirmation that the surety has received independent legal advice
1. Schedule 1 - Principal Debt Details: Detailed description of the principal debt or obligation being secured
2. Schedule 2 - Secured Property: Description of any specific property or assets provided as security
3. Schedule 3 - Payment Terms: Specific payment terms, interest rates, and conditions applicable to the principal debt
4. Appendix A - Corporate Resolutions: Copies of relevant corporate resolutions where applicable
5. Appendix B - Supporting Documents: Copies of relevant underlying agreements or documents referenced in the suretyship
Business Day
Creditor
Default
Effective Date
Encumbrance
Event of Default
Governing Law
Indebtedness
Interest Rate
Legal Benefits
Material Adverse Change
Obligations
Parties
Payment Date
Principal Debt
Principal Debtor
Outstanding Amount
Security
Security Documents
Secured Obligations
Signature Date
Surety
Suretyship
Termination Date
Territory
Transaction Documents
VAT
Writing
Common Law Benefits
Beneficium Ordinis seu Excussionis
Beneficium Divisionis
Beneficium Cedendarum Actionum
Prescribed Rate
Related Persons
Rand
ZAR
Applicable Laws
Business Hours
Definitions
Interpretation
Duration
Principal Debt
Suretyship Obligations
Nature and Extent of Liability
Payment Terms
Interest
Renunciation of Benefits
Representations and Warranties
Undertakings
Security
Events of Default
Enforcement
Costs and Expenses
Notices
Assignment
Breach
Dispute Resolution
Jurisdiction
Governing Law
Severability
Whole Agreement
Variation
Waiver
Indemnity
Certificates
Independent Advice
Confidentiality
Force Majeure
Termination
Successors and Assigns
Co-Surety Provisions
Consumer Protection
Data Protection
General Provisions
Banking and Financial Services
Real Estate and Property
Commercial Lending
Retail
Construction
Manufacturing
Professional Services
Small Business and Entrepreneurship
Agriculture
Mining
Telecommunications
Legal
Credit
Risk Management
Compliance
Finance
Commercial
Collections
Business Development
Treasury
Corporate Banking
Property Management
Credit Manager
Risk Officer
Legal Counsel
Commercial Director
Financial Manager
Compliance Officer
Contract Administrator
Business Development Manager
Account Executive
Treasury Manager
Collections Manager
Corporate Banker
Property Manager
Chief Financial Officer
Legal Director
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