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Loan Guarantor Agreement Form Template for Canada

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Key Requirements PROMPT example:

Loan Guarantor Agreement Form

I need a Loan Guarantor Agreement Form for a corporate guarantee where three subsidiary companies will jointly guarantee a CAD 5 million business expansion loan for their parent company, with the guarantee period starting March 1, 2025.

Document background
The Loan Guarantor Agreement Form is a critical document in Canadian lending practices, used when a third party (the guarantor) agrees to guarantee the repayment of a loan taken by a primary borrower. This document is essential in situations where additional security is required by lenders, particularly common in business loans, mortgages, and commercial financing. The agreement is structured to comply with Canadian federal banking regulations and provincial contract laws, incorporating necessary protections for all parties. It details the extent of the guarantee, conditions for enforcement, rights of the guarantor, and obligations of all parties involved. This form is particularly important for financial institutions in managing credit risk and for businesses seeking to secure financing with third-party support.
Suggested Sections

1. Parties: Identifies all parties to the agreement: the Guarantor(s), the Lender, and reference to the Principal Debtor

2. Background: Explains the context of the guarantee, including reference to the principal loan agreement and the relationship between parties

3. Definitions: Defines key terms used throughout the agreement, including 'Guaranteed Obligations', 'Principal Debtor', 'Security', etc.

4. Guarantee: Core section detailing the scope and nature of the guarantee, including the amount guaranteed and the nature of the guarantor's liability

5. Nature of Guarantee: Specifies whether the guarantee is continuing, unlimited, joint and several (if multiple guarantors)

6. Guarantor's Obligations: Details specific obligations, including payment, performance, and indemnification requirements

7. Lender's Rights: Outlines the lender's rights regarding enforcement, dealing with security, and releasing other guarantors

8. Representations and Warranties: Guarantor's confirmations regarding their legal capacity, understanding of obligations, and financial condition

9. Preservation of Rights: Provisions ensuring the guarantee remains valid despite changes to the principal debt or other circumstances

10. Costs and Expenses: Allocates responsibility for legal and enforcement costs

11. Notices: Specifies how formal communications between parties should be made and delivered

12. Governing Law and Jurisdiction: Specifies applicable law and courts for dispute resolution

13. Execution: Signature blocks and attestation requirements

Optional Sections

1. Security: Include when the guarantee is supported by specific collateral or security interests

2. Subordination: Include when the guarantor's rights need to be subordinated to the lender's rights

3. Financial Covenants: Include when the guarantor must maintain specific financial conditions

4. Multiple Guarantors: Include specific provisions when there is more than one guarantor

5. Limited Recourse: Include when the guarantee is limited to specific assets or amounts

6. Independent Legal Advice: Include when required by law or prudent practice, particularly for individual guarantors

7. Privacy Consent: Include when personal information will be collected and processed

8. Cross-Default: Include when guarantee should trigger defaults under other agreements

Suggested Schedules

1. Schedule A - Principal Loan Agreement: Copy or summary of the main loan agreement being guaranteed

2. Schedule B - Description of Security: Detailed description of any security or collateral provided

3. Schedule C - Guarantor Information: Detailed information about the guarantor, including financial statements if applicable

4. Schedule D - Certificate of Independent Legal Advice: If required, certification that the guarantor received independent legal advice

5. Appendix 1 - Guarantee Amount Calculation: If the guarantee is limited or calculated in a specific way, details of the calculation method

6. Appendix 2 - Consent Forms: Any required consent forms, including spousal consent if applicable

Authors

Alex Denne

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

Relevant legal definitions






































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Relevant Industries

Financial Services

Banking

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Corporate Finance

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Legal

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Treasury

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Credit Manager

Loan Officer

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