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Guarantor Agreement
"I need a Guarantor Agreement where ABC Manufacturing (Pty) Ltd provides an unlimited personal guarantee for XYZ Trading's obligations under a R5 million equipment lease agreement, with the guarantee to remain in effect until March 2025."
1. Parties: Identification of the Guarantor, Creditor, and Principal Debtor
2. Background: Context of the guarantee, including reference to the underlying agreement or debt being guaranteed
3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation
4. Guarantee: Core guarantee provisions, including the scope and extent of the guarantor's liability
5. Duration of Guarantee: Term of the guarantee and conditions for termination
6. Nature of Guarantee: Specification that the guarantee is continuing, irrevocable, and unconditional
7. Guarantor's Obligations: Detailed obligations of the guarantor, including payment and performance requirements
8. Creditor's Rights: Rights of the creditor in relation to enforcement and recovery
9. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial status
10. Indemnity: Guarantor's indemnification obligations
11. Costs and Expenses: Responsibility for legal and enforcement costs
12. Notices: Communication requirements and contact details
13. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and severability
14. Execution: Signature blocks and attestation requirements
1. Security: Include when the guarantee is secured by specific assets or collateral
2. Multiple Guarantors: Additional provisions required when there is more than one guarantor
3. Corporate Guarantor Provisions: Specific provisions required when the guarantor is a company
4. Limit of Liability: Include when the guarantee is limited to a specific amount
5. Assignment: Include when rights under the guarantee may be transferred
6. Counter-Indemnity: Include when the principal debtor provides indemnity to the guarantor
7. Release Conditions: Include when specific conditions for release of the guarantor are agreed
1. Schedule 1 - Underlying Agreement: Copy or details of the principal agreement being guaranteed
2. Schedule 2 - Guarantee Limit: Details of any monetary or other limitations on the guarantee
3. Schedule 3 - Security Details: Description of any security provided in support of the guarantee
4. Schedule 4 - Corporate Authority: Corporate resolutions or other proof of authority when guarantor is a company
5. Appendix A - Notice Details: Detailed contact information for all parties
6. Appendix B - Form of Demand: Template for making demands under the guarantee
Authors
Banking and Financial Services
Real Estate
Construction
Manufacturing
Retail
Commercial Property
Professional Services
Mining and Resources
Agriculture
Technology
Telecommunications
Healthcare
Education
Transportation and Logistics
Legal
Finance
Risk Management
Compliance
Treasury
Credit
Commercial
Corporate Secretariat
Business Development
Operations
Property Management
Chief Financial Officer
Financial Director
Legal Counsel
Corporate Lawyer
Credit Manager
Risk Manager
Commercial Director
Treasury Manager
Compliance Officer
Company Secretary
Contract Manager
Business Development Manager
Property Manager
Banking Relationship Manager
Credit Analyst
Legal Operations Manager
Finance Manager
Corporate Security Officer
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