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Business Loan Guarantee
"I need a Business Loan Guarantee agreement under Nigerian law where ABC Holdings Ltd will act as guarantor for a ₦100 million loan to XYZ Manufacturing Ltd, with specific provisions for quarterly financial reporting and cross-border payment arrangements."
1. Parties: Identification of the Guarantor, Lender, and Principal Debtor (the borrower)
2. Background: Context of the guarantee, reference to the principal loan agreement, and purpose of the guarantee
3. Definitions and Interpretation: Definitions of key terms and interpretation rules used throughout the agreement
4. Guarantee and Indemnity: Core guarantee obligations, scope of the guarantee, and indemnification provisions
5. Nature and Extent of Guarantee: Details of what is being guaranteed, including principal, interest, and other charges
6. Continuing Security: Establishing the guarantee as a continuing security until full discharge of the guaranteed obligations
7. Guarantor's Representations and Warranties: Key statements about the guarantor's capacity, authority, and financial condition
8. Payment Mechanics: Procedures and requirements for making payments under the guarantee
9. Discharge Restrictions: Limitations on the guarantor's ability to discharge or terminate the guarantee
10. Lender's Rights and Protections: Specific rights of the lender including enforcement and recovery rights
11. Costs and Expenses: Allocation of costs related to the guarantee and its enforcement
12. Notices: Communication requirements and contact details for all parties
13. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
14. Execution: Signature blocks and execution requirements
1. Multiple Guarantors: Additional provisions for when there are multiple guarantors, including joint and several liability
2. Security Provisions: Additional security arrangements if the guarantee is backed by specific assets
3. Financial Covenants: Specific financial requirements and ratios the guarantor must maintain
4. Corporate Requirements: Additional provisions when the guarantor is a corporation, including board resolutions
5. Assignment and Transfer: Provisions allowing the lender to assign or transfer the guarantee rights
6. Currency Provisions: Special provisions for cross-border transactions involving multiple currencies
7. Tax Provisions: Specific tax-related provisions and gross-up obligations
8. Force Majeure: Provisions dealing with unforeseen circumstances affecting the guarantee obligations
1. Principal Loan Agreement: Copy or key terms of the underlying loan agreement being guaranteed
2. Guarantor Information: Detailed information about the guarantor, including corporate information if applicable
3. Payment Schedule: Schedule of guaranteed payments if they follow a specific structure
4. Security Details: Details of any security or collateral provided to support the guarantee
5. Form of Demand: Standard form for making demands under the guarantee
6. Corporate Authorizations: Copies of relevant corporate authorizations and resolutions
7. Compliance Certificates: Template for periodic compliance certificates if required
Authors
Financial Services
Banking
Commercial Lending
Small and Medium Enterprises
Corporate Finance
Real Estate
Manufacturing
Agriculture
Oil and Gas
Construction
Retail
Technology
Legal
Finance
Risk Management
Compliance
Treasury
Credit
Corporate Secretariat
Commercial
Business Development
Operations
Chief Financial Officer
Finance Director
Legal Counsel
Risk Manager
Credit Manager
Commercial Director
Business Development Manager
Compliance Officer
Corporate Secretary
Treasury Manager
Banking Relationship Manager
Financial Controller
Managing Director
Contract Manager
Credit Analyst
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