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Personal Guaranty Form
"I need a Personal Guaranty Form for two company directors who will jointly guarantee a CAD 500,000 business loan to their startup technology company, with the guarantee to be capped at 150% of the loan amount and requiring independent legal advice certificates."
1. Parties: Identifies the Guarantor (individual providing the guarantee), the Creditor (party receiving the guarantee), and the Principal Debtor (party whose obligations are being guaranteed)
2. Background: Explains the context of the guarantee, including reference to the primary debt obligation and the relationship between the parties
3. Definitions: Defines key terms used throughout the guarantee agreement
4. Guarantee and Indemnity: Core section stating the guarantee commitment and indemnification obligations
5. Scope of Guarantee: Details the extent of obligations covered by the guarantee
6. Nature of Guarantee: Specifies that this is a continuing guarantee and defines whether it is limited or unlimited
7. Payment Terms: Specifies how and when payments must be made under the guarantee
8. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to provide the guarantee
9. Enforcement: Describes the circumstances and process for enforcing the guarantee
10. Termination: Conditions under which the guarantee may be terminated or released
11. Governing Law: Specifies the applicable law and jurisdiction
12. Execution: Signature blocks and witness requirements
1. Security: Include when the guarantee is secured by specific assets or property
2. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability
3. Limitation of Liability: Include when the guarantee amount is capped or limited in some way
4. Assignment: Include when the guarantee may need to be assigned to other parties
5. Independent Legal Advice: Include when there's a requirement for the guarantor to obtain independent legal advice
6. Guarantee Recovery: Include when specifying rights of the guarantor to recover from the principal debtor
7. Priority and Subordination: Include when there are multiple guarantees or security interests that need to be ranked
8. Currency: Include when the guarantee involves obligations in multiple currencies
1. Schedule A - Guaranteed Obligations: Detailed list of the specific debts, obligations, or facilities being guaranteed
2. Schedule B - Secured Assets: Description of any assets securing the guarantee (if applicable)
3. Schedule C - Certificate of Independent Legal Advice: Standard form certificate to be completed by the guarantor's independent legal advisor
4. Schedule D - Guarantee Limit Calculation: Formula or method for calculating any limits on the guarantee amount (if applicable)
Authors
Banking and Financial Services
Real Estate
Commercial Lending
Small Business
Retail
Construction
Manufacturing
Professional Services
Transportation and Logistics
Hospitality
Agriculture
Legal
Credit and Risk
Commercial Lending
Compliance
Finance
Business Development
Collections and Recovery
Contract Administration
Corporate Secretariat
Operations
Credit Manager
Risk Officer
Commercial Lending Officer
Legal Counsel
Compliance Officer
Account Manager
Business Development Manager
Collections Manager
Underwriter
Financial Advisor
Contract Administrator
Legal Administrator
Corporate Secretary
Chief Financial Officer
Credit Analyst
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