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Deed Of Guarantee And Indemnity
"I need a Deed of Guarantee and Indemnity under Pakistani law for three corporate guarantors who will jointly guarantee a PKR 50 million business loan being provided by ABC Bank Limited to XYZ Manufacturing Company, with the guarantee to become effective from March 1, 2025."
1. Parties: Identifies and defines all parties to the deed - the Guarantor(s), the Beneficiary (creditor), and reference to the Principal Debtor
2. Background: Recitals explaining the context of the guarantee, including details of the primary obligation being guaranteed
3. Definitions and Interpretation: Defines key terms used throughout the deed and sets out interpretation principles
4. Guarantee: Core section detailing the guarantee obligations, including the scope and nature of the guarantee
5. Indemnity: Sets out the indemnity obligations of the guarantor
6. Nature of Guarantee and Indemnity: Specifies whether the guarantee is continuing, unconditional, irrevocable, and/or joint and several
7. Preservation of Rights: Provisions ensuring the guarantee remains valid despite various changes or circumstances
8. Payments: Details about payment obligations, including timing, method, and currency
9. Representations and Warranties: Guarantor's confirmations about their capacity and authority to enter into the deed
10. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee
11. Notices: Process and requirements for giving notices under the deed
12. Governing Law and Jurisdiction: Confirms Pakistani law as governing law and specifies jurisdiction for disputes
1. Security: Include when the guarantee is supported by specific security arrangements
2. Currency Indemnity: Include for cross-border transactions involving foreign currency
3. Tax Gross-up: Include when tax implications need to be addressed explicitly
4. Joint and Several Liability: Include when there are multiple guarantors
5. Assignment and Transfer: Include when rights under the guarantee may need to be transferred
6. Power of Attorney: Include when the beneficiary needs specific powers to act on behalf of the guarantor
7. Islamic Finance Compliance: Include when the guarantee needs to comply with Islamic finance principles
1. Primary Obligation Details: Details of the primary facility or obligation being guaranteed
2. Guarantor Information: Detailed information about the guarantor(s) including address and contact details
3. Guaranteed Obligations: Detailed list or description of the obligations covered by the guarantee
4. Form of Demand: Template for making a demand under the guarantee
5. Security Details: If applicable, details of any security provided to support the guarantee
6. Conditions Precedent: List of documents and conditions required before the guarantee becomes effective
Authors
Banking and Financial Services
Real Estate and Construction
Manufacturing
Trading and Commerce
Infrastructure Development
Telecommunications
Energy and Utilities
Professional Services
Healthcare
Education
Legal
Finance
Risk Management
Compliance
Treasury
Commercial
Credit
Corporate Secretarial
Documentation
Operations
Legal Counsel
Finance Manager
Credit Risk Officer
Relationship Manager
Commercial Director
Chief Financial Officer
Compliance Officer
Corporate Secretary
Treasury Manager
Contract Manager
Security Documentation Officer
Risk Assessment Manager
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