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Guaranty Form
"I need a Canadian Guaranty Form for our corporate parent company to guarantee a $5 million business loan that our subsidiary is taking out from First National Bank, with the guarantee period starting March 1, 2025."
1. Parties: Identifies the Guarantor, the Creditor, and the Principal Debtor
2. Background: Explains the context of the guarantee, including the underlying obligation being guaranteed
3. Definitions: Defines key terms used throughout the guarantee agreement
4. Guarantee and Indemnity: Core section establishing the guarantee obligation and indemnification provisions
5. Scope of Guarantee: Defines the extent and limitations of the guaranteed obligations
6. Nature of Guarantee: Specifies whether the guarantee is continuing, limited, or unlimited
7. Payment Obligations: Details the timing and manner of payments under the guarantee
8. Representations and Warranties: Guarantor's confirmations regarding capacity and authority
9. Preservation of Rights: Creditor's rights preservation and ability to deal with security
10. Enforcement: Circumstances and process for enforcing the guarantee
11. Notices: Requirements for giving notices under the guarantee
12. Governing Law: Specifies applicable law and jurisdiction
13. Execution: Signature blocks and execution requirements
1. Security: Include when the guarantee is secured by specific assets or collateral
2. Multiple Guarantors: Include when there is more than one guarantor to address joint and several liability
3. Release and Discharge: Include specific terms for release when guarantor is a corporation or sophisticated party
4. Assignment: Include when assignment rights are important to the creditor
5. Independent Legal Advice: Include when guarantor is an individual or there's potential for undue influence
6. Limitation Period: Include when parties wish to extend or modify statutory limitation periods
7. Priority and Subordination: Include when there are multiple creditors or security interests
8. Currency: Include when guaranteed obligations are in multiple currencies
1. Schedule A - Guaranteed Obligations: Detailed description of the debts or obligations being guaranteed
2. Schedule B - Security: List and description of any security provided for the guarantee
3. Schedule C - Principal Agreement: Copy or summary of the main agreement giving rise to the guaranteed obligations
4. Schedule D - Independent Legal Advice Certificate: Certificate from lawyer confirming independent legal advice given to guarantor
5. Schedule E - Consent of Spouse: Required in some provinces when matrimonial property is involved
Authors
Banking and Financial Services
Real Estate
Commercial Lending
Construction
Manufacturing
Retail
Professional Services
Agriculture
Technology
Import/Export
Small Business
Legal
Credit Risk
Commercial Banking
Compliance
Corporate Finance
Treasury
Business Development
Contract Administration
Due Diligence
Document Management
Credit Manager
Commercial Lending Officer
Legal Counsel
Risk Manager
Corporate Finance Manager
Compliance Officer
Business Development Manager
Contract Administrator
Chief Financial Officer
Treasury Manager
Account Manager
Loan Officer
Corporate Secretary
Due Diligence Officer
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