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Authorized Guarantee Agreement Template for India

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Key Requirements PROMPT example:

Authorized Guarantee Agreement

"I need an Authorized Guarantee Agreement under Indian law for my tech company to guarantee a 5-year office lease for our subsidiary in Mumbai, with the guarantee amount capped at 24 months' rent and including step-in rights if the subsidiary defaults."

Document background
The Authorized Guarantee Agreement serves as a critical risk mitigation tool in Indian commercial transactions, particularly in leasing, lending, and other financial arrangements. It is commonly used when a landlord or creditor requires additional security beyond the primary obligor's covenant. The agreement, governed by Indian law, must comply with the Indian Contract Act, 1872, and other relevant legislation. The document typically details the guaranteed obligations, enforcement mechanisms, and the extent of the guarantor's liability. This type of agreement is particularly relevant when the principal debtor's financial standing alone is insufficient to satisfy the beneficiary's requirements, or when regulatory requirements mandate additional security. The document must be carefully drafted to ensure enforceability while balancing the interests of all parties involved.
Suggested Sections

1. Parties: Identification of the Guarantor, the Beneficiary (typically a landlord/creditor), and the Principal Debtor (typically a tenant/debtor)

2. Background: Context of the guarantee, including details of the primary obligation being guaranteed

3. Definitions: Definitions of key terms used throughout the agreement

4. Guarantee and Indemnity: Core terms of the guarantee obligation and indemnity provisions

5. Scope of Guarantee: Extent and limitations of the guarantee obligations

6. Duration: Term of the guarantee and conditions for termination

7. Payment Obligations: Specific payment terms, timing, and methods of payment

8. Representations and Warranties: Guarantor's confirmations regarding capacity and authority

9. Enforcement: Rights and procedures for enforcing the guarantee

10. Notices: Communication procedures between parties

11. Governing Law and Jurisdiction: Confirmation of Indian law application and jurisdiction

Optional Sections

1. Security Provisions: Required when additional security is provided alongside the guarantee

2. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability

3. Step-In Rights: Include when guarantor has rights to take over the primary obligation

4. Assignment: Include when assignment of guarantee rights needs to be specifically addressed

5. Costs and Expenses: Include when specific cost allocation needs to be addressed

6. Guarantee Limitations: Include when specific caps or limitations on the guarantee amount are needed

7. Corporate Authorizations: Include when guarantor is a corporate entity requiring specific authorization provisions

Suggested Schedules

1. Primary Agreement: Copy or key terms of the primary agreement being guaranteed

2. Guaranteed Obligations: Detailed list of obligations covered by the guarantee

3. Payment Terms: Detailed payment mechanisms and bank account details

4. Form of Demand: Template for making a demand under the guarantee

5. Corporate Authorizations: Copies of relevant board resolutions and authorizations

6. Security Details: Details of any additional security provided with the guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses

























Relevant Industries

Banking & Financial Services

Real Estate

Commercial Leasing

Retail

Manufacturing

Construction

Infrastructure

Hospitality

Healthcare

Information Technology

Relevant Teams

Legal

Finance

Risk Management

Compliance

Commercial

Real Estate

Treasury

Credit Control

Corporate Secretarial

Operations

Relevant Roles

Legal Counsel

Commercial Director

Finance Manager

Credit Risk Manager

Property Manager

Corporate Treasurer

Compliance Officer

Contract Administrator

Real Estate Manager

Banking Relationship Manager

Chief Financial Officer

Risk Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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