A Corporate Guarantee For Bank Loan is commonly used when a borrower needs additional security to obtain financing. The guarantee enhances the borrower's creditworthiness by providing the lender with recourse to a financially stronger corporate entity. Under U.S. jurisdiction, this document must comply with federal banking regulations, state-specific laws, and the Uniform Commercial Code. It typically details the guaranteed amount, conditions for calling the guarantee, and the guarantor's rights and obligations.
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1. Parties: Identification of guarantor, borrower, and beneficiary bank
2. Background: Context of the underlying loan and relationship between parties
3. Definitions: Key terms used throughout the guarantee
4. Guarantee and Indemnity: Core obligations of the guarantor
5. Nature of Guarantee: Whether continuing, unconditional, or limited guarantee
6. Payment Terms: Conditions and timing of guarantee payments
7. Representations and Warranties: Guarantor's statements about its capacity and authority
8. Covenants: Ongoing obligations of the guarantor during the guarantee period
9. Events of Default: Circumstances that trigger immediate enforcement of the guarantee
10. Enforcement Rights: Bank's rights and remedies upon default
11. Governing Law and Jurisdiction: Laws governing the guarantee and courts having jurisdiction
1. Security Provisions: Details of any collateral securing the guarantee - used when guarantee is secured by specific assets
2. Multiple Guarantors Provisions: Joint and several liability provisions - included when more than one entity is providing guarantee
3. Currency Provisions: Exchange rate and payment currency specifications - required for international transactions
4. Tax Gross-Up: Provisions dealing with tax implications and gross-up obligations - included when tax considerations are relevant
1. Schedule 1 - Corporate Authorization: Board resolutions authorizing guarantee
2. Schedule 2 - Form of Demand: Template for making demands under the guarantee
3. Schedule 3 - Underlying Loan Agreement: Summary or copy of the main loan being guaranteed
4. Schedule 4 - Security Details: Description of any collateral or security arrangements if applicable
5. Schedule 5 - Financial Covenants: Specific financial requirements and ratios applicable to guarantor
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Corporate
Real Estate
Manufacturing
Relevant Teams
Finance
Legal
Treasury
Risk Management
Relevant Roles
Chief Financial Officer
Treasury Manager
Corporate Finance Director
Legal Counsel
Risk Manager
Corporate Banking Officer
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