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1. Parties: Identifies and defines the Lender, Primary Borrower, and Cosigner with their full legal names and addresses
2. Background: Explains the context of the agreement, referring to the primary promissory note and the desire to have it cosigned
3. Definitions: Defines key terms used throughout the agreement including 'Primary Note', 'Obligations', 'Default', and other relevant terms
4. Cosigner's Guarantee: Details the fundamental promise by the cosigner to guarantee the primary borrower's obligations under the promissory note
5. Scope of Liability: Defines the extent of the cosigner's liability and specifies whether it is limited or unlimited
6. Nature of Obligation: Establishes that the cosigner's obligation is joint and several with the primary borrower
7. Waiver of Rights: Specifies rights the cosigner waives, such as requiring the lender to first pursue the primary borrower
8. Payment Terms: Outlines when and how the cosigner must fulfill payment obligations if the primary borrower defaults
9. Duration: Specifies how long the cosigner's obligations remain in effect
10. Notices: Details how and when notices must be given to the cosigner regarding the primary borrower's payment status or defaults
11. Governing Law: Specifies that the agreement is governed by Canadian law and the applicable province
12. Execution: Signature block for all parties with date and witness provisions
1. Collateral Security: Include when the cosigner is providing specific assets as additional security for the guarantee
2. Release Conditions: Include when there are specific conditions under which the cosigner can be released from their obligations
3. Rights of Subrogation: Include when specifying the cosigner's rights to recover from the primary borrower after paying the debt
4. Financial Statements: Include when the cosigner must provide periodic financial information to the lender
5. Death or Bankruptcy Provisions: Include when specifying what happens to the guarantee in case of the primary borrower's or cosigner's death or bankruptcy
6. Cross-Default Provisions: Include when the cosigner has other agreements with the lender that should be linked to this guarantee
7. Demand Requirements: Include when specifying particular requirements for how demand must be made on the cosigner
1. Schedule A - Primary Promissory Note: Copy or summary of the primary promissory note being guaranteed
2. Schedule B - Payment Schedule: Detailed schedule of payments due under the primary promissory note
3. Schedule C - Notice Requirements: Detailed procedures and timelines for notices to be given to the cosigner
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