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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.
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
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
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
Financial Services
Banking
Commercial Real Estate
Corporate Finance
Small Business
Construction
Manufacturing
Retail
Professional Services
Agriculture
Technology
Healthcare
Legal
Credit Risk
Commercial Banking
Compliance
Corporate Finance
Document Management
Loan Administration
Risk Management
Treasury
Business Development
Credit Manager
Loan Officer
Commercial Banking Officer
Risk Manager
Legal Counsel
Compliance Officer
Financial Advisor
Account Manager
Underwriter
Business Development Manager
Corporate Banking Manager
Chief Financial Officer
Treasury Manager
Credit Analyst
Legal Administrator
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