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Guaranteed Payment Agreement
"I need a Hong Kong law Guaranteed Payment Agreement where my company will guarantee a series of quarterly payments totaling HKD 5 million to be made by our subsidiary to a supplier throughout 2025, with specific default triggers and step-in rights."
1. Parties: Identification of all parties: the creditor (beneficiary of the guarantee), the principal debtor, and the guarantor(s)
2. Background: Context of the guaranteed payment obligation, including the underlying transaction or relationship
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Guarantee and Indemnity: Core guarantee obligations, scope of the guarantee, and indemnification provisions
5. Payment Terms: Details of the guaranteed amount, payment schedule, and method of payment
6. Guarantor's Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition
7. Continuing Security: Provisions establishing the guarantee as a continuing security until full discharge
8. Preservation of Rights: Creditor's rights preservation, including ability to pursue debtor and guarantor independently
9. Demands and Notices: Process for making payment demands and serving notices under the guarantee
10. Enforcement: Rights and procedures for enforcing the guarantee
11. Costs and Expenses: Allocation of costs related to preparation, enforcement, and amendments
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Security Provisions: Required when specific assets are pledged as additional security for the guarantee
2. Multiple Guarantors: Required when there are multiple guarantors, defining joint and several liability
3. Currency Provisions: Needed for cross-border transactions involving multiple currencies
4. Tax Provisions: Required when tax implications need specific addressing, particularly in cross-border situations
5. Assignment and Transfer: Needed when rights under the guarantee may need to be assigned or transferred
6. Step-In Rights: Required when the guarantor needs rights to step into the debtor's position
7. Limitation of Liability: Optional caps or limitations on the guarantor's liability, if agreed
1. Payment Schedule: Detailed schedule of guaranteed payments, including amounts and due dates
2. Guarantor Information: Detailed information about the guarantor(s), including financial statements or asset declarations
3. Form of Demand: Standard form for making demands under the guarantee
4. Security Documents: List and copies of related security documents, if applicable
5. Underlying Agreement: Copy or key terms of the underlying agreement giving rise to the guaranteed obligations
6. Conditions Precedent: List of conditions that must be satisfied before the guarantee becomes effective
Authors
Banking & Financial Services
Real Estate & Property Development
Construction
International Trade
Manufacturing
Retail
Professional Services
Infrastructure
Telecommunications
Energy & Utilities
Legal
Finance
Treasury
Risk Management
Compliance
Commercial
Credit Control
Business Development
Corporate Secretarial
Operations
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Risk Manager
Treasury Manager
Credit Manager
Commercial Director
Contract Manager
Company Secretary
Financial Controller
Compliance Officer
Business Development Director
Account Manager
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