Deeds of Guarantee are essential legal instruments in Canadian commercial and financial transactions, used when one party agrees to guarantee the obligations of another. These deeds are particularly common in corporate group structures, loan facilities, and commercial leases where additional security is required. The document must comply with both federal Canadian legislation and provincial requirements, particularly regarding formalities for deeds and guarantees. A Deed of Guarantee typically includes comprehensive details about the guaranteed obligations, conditions for enforcement, the extent of the guarantor's liability, and various protective provisions for all parties involved. It serves as a critical risk management tool for creditors while providing clear parameters for guarantors' obligations.
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1. Parties: Identification of the Guarantor(s), the Creditor (Beneficiary), and the Principal Debtor
2. Background: Context of the guarantee, including reference to the principal debt or obligation being guaranteed
3. Definitions: Definitions of key terms used throughout the deed
4. Guarantee and Indemnity: Core guarantee obligations and indemnification provisions
5. Extent of Guarantee: Scope and limitations of the guaranteed obligations
6. Continuing Security: Confirmation that the guarantee is continuing and covers future obligations
7. Guarantor's Obligations: Detailed list of guarantor's specific obligations and undertakings
8. Preservation of Rights: Creditor's rights preservation and ability to enforce
9. Representations and Warranties: Guarantor's confirmations about their capacity and authority
10. Payments: Terms for making payments, including timing and method
11. Discharge and Release: Conditions for discharge of the guarantee
12. Enforcement: Circumstances and processes for enforcement
13. Governing Law and Jurisdiction: Specification of Canadian law and jurisdiction
14. Execution: Formal execution block meeting deed requirements
1. Security: Include when the guarantee is supported by specific security or collateral
2. Multiple Guarantors: Additional provisions for when there are multiple guarantors, including joint and several liability
3. Limited Recourse: When the guarantee is limited to specific assets or amounts
4. Corporate Guarantor Provisions: Specific provisions required for corporate guarantors including corporate authority
5. Interest and Costs: Detailed provisions about interest calculations and recovery of enforcement costs
6. Assignment: Provisions allowing the guarantee to be assigned or transferred
7. Priority: Include when there are multiple security interests or guarantees to establish priority
8. Financial Covenants: Include when ongoing financial requirements are imposed on the guarantor
1. Guaranteed Obligations: Detailed description of the obligations being guaranteed
2. Security Assets: List and description of any assets provided as security (if applicable)
3. Form of Demand: Template for making a formal demand under the guarantee
4. Guarantor Information: Detailed information about the guarantor(s) including addresses and notice details
5. Principal Documents: List of principal agreements or obligations that are being guaranteed
6. Limitations and Caps: Detailed breakdown of any limitations or caps on liability
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Commercial Real Estate
Corporate and Business Services
Construction and Development
Manufacturing
Retail
Professional Services
Import/Export
Healthcare
Technology
Infrastructure
Energy
Relevant Teams
Legal
Finance
Risk Management
Compliance
Treasury
Corporate Secretariat
Credit Management
Commercial Operations
Business Development
Corporate Banking
Relevant Roles
Chief Financial Officer
Finance Director
Corporate Lawyer
Legal Counsel
Risk Manager
Credit Manager
Commercial Director
Treasury Manager
Compliance Officer
Company Secretary
Business Development Manager
Contract Manager
Financial Controller
Managing Director
Corporate Banking Officer
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