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Guarantor In Loan Agreement Template for United States

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Key Requirements PROMPT example:

Guarantor In Loan Agreement

"I need a Guarantor In Loan Agreement for a commercial property loan of $5 million, where the parent company will act as guarantor for its subsidiary's borrowing, with the guarantee limited to 120% of the principal amount."

Document background
The Guarantor In Loan Agreement is essential when additional security is required for a loan transaction. It provides lenders with additional assurance by having a third party guarantee the loan repayment. This document, governed by US federal and state laws, specifies the extent of the guarantee, enforcement mechanisms, and the guarantor's obligations. It's commonly used in commercial lending, real estate financing, and business loans where the primary borrower's creditworthiness needs enhancement. The agreement includes detailed provisions about the guarantee's nature (whether limited or unlimited), trigger events for enforcement, and the guarantor's rights of subrogation.
Suggested Sections

1. Parties: Identifies the lender, borrower, and guarantor with full legal names and addresses

2. Background: Explains the context of the loan agreement and the need for a guarantor

3. Definitions: Defines key terms used throughout the agreement

4. Guarantee: Core section detailing the scope and nature of the guarantee

5. Guarantor's Representations and Warranties: Statements of fact and promises made by the guarantor regarding their ability to guarantee

6. Nature of Guarantee: Specifies whether the guarantee is absolute, continuing, or limited

7. Payment Terms: Details of when and how the guarantor must fulfill their obligations

8. Enforcement: Procedures for enforcing the guarantee

Optional Sections

1. Security: Details of any assets pledged as security - used when the guarantee is secured by specific assets

2. Multiple Guarantors: Provisions for joint and several liability - used when there is more than one guarantor

3. Limit of Liability: Caps on the guarantor's liability - used when the guarantee is limited to a specific amount

4. Release Provisions: Conditions under which the guarantor may be released - used when specific release conditions are negotiated

Suggested Schedules

1. Schedule of Guaranteed Obligations: Detailed list of the obligations being guaranteed

2. Financial Statements: Current financial statements of the guarantor

3. Security Details: Description of any security or collateral provided

4. Guarantor's Certificate: Formal declaration of the guarantor's financial status and ability to guarantee

Authors

Alex Denne

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

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Industries

Truth in Lending Act (TILA): Federal law requiring clear disclosure of lending terms and costs to protect consumers in credit transactions

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or public assistance status

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

Federal Trade Commission Act: Federal law prohibiting unfair or deceptive practices in commerce, including lending practices

Consumer Credit Protection Act: Federal law providing a comprehensive framework for consumer credit rights and protections

State Statute of Frauds: State laws requiring certain contracts, including guarantees, to be in writing to be enforceable

State Consumer Protection Laws: State-specific laws designed to protect consumers from unfair practices in financial transactions

State Banking Regulations: State-specific rules governing banking operations and lending practices

State Usury Laws: State laws setting maximum interest rates and regulating loan charges

UCC Article 3: Uniform Commercial Code article governing negotiable instruments and payment obligations

UCC Article 9: Uniform Commercial Code article governing secured transactions and security interests

Consideration Doctrine: Legal principle requiring exchange of value for contract enforceability

Contractual Capacity: Legal requirement that parties must have legal capacity to enter into binding contracts

Statute of Limitations: Time limits for bringing legal actions related to the guarantee agreement

Rights of Subrogation: Legal principle allowing guarantor to assume rights of creditor after paying debtor's obligation

Suretyship Defenses: Legal defenses available to guarantors, including modification of underlying obligation and release of principal debtor

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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