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Joint Guarantee Agreement Template for Canada

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Key Requirements PROMPT example:

Joint Guarantee Agreement

"I need a Joint Guarantee Agreement under Canadian law for three family members jointly guaranteeing a CAD 2.5 million business loan to our family-owned restaurant chain, with the guarantee to become effective from March 1, 2025."

Document background
The Joint Guarantee Agreement is a crucial legal instrument used in Canadian commercial transactions where multiple parties agree to guarantee the obligations of a principal debtor. This document is commonly utilized in corporate lending, real estate financing, and other commercial arrangements where additional security is required beyond the principal debtor's covenant. The agreement must comply with both federal and provincial Canadian legislation, including requirements for writing under various Statutes of Frauds, and may need to address specific provincial requirements such as the Guarantees Acknowledgment Act in Alberta. The document typically includes detailed provisions on the nature and extent of the guarantee, enforcement mechanisms, guarantor rights and obligations, and release conditions. It's particularly important in scenarios involving corporate groups, family businesses, or syndicated lending arrangements where multiple guarantors are required to support the primary obligation.
Suggested Sections

1. Parties: Identifies the guarantors, the creditor, and the principal debtor

2. Background: Explains the context of the guarantee, including reference to the primary obligation being guaranteed

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Guarantee and Indemnity: Core guarantee obligations and indemnification provisions

5. Joint and Several Liability: Establishes that guarantors are both jointly and severally liable for the guaranteed obligations

6. Nature and Extent of Obligations: Details the scope of guaranteed obligations and any limitations

7. Continuing Security: Establishes the guarantee as a continuing security until full discharge

8. Preservation of Rights: Creditor's rights preservation and ability to enforce against any guarantor

9. Representations and Warranties: Guarantors' representations regarding capacity and authority

10. Payments and Interest: Terms for payments, including interest on overdue amounts

11. Discharge and Release: Conditions for discharge of guarantors' obligations

12. Enforcement: Creditor's enforcement rights and procedures

13. General Provisions: Standard boilerplate including notices, amendments, governing law

Optional Sections

1. Security: Include when guarantee is secured by specific assets or property

2. Guarantee Limitations: Include when guarantors' liability is subject to specific caps or limitations

3. Additional Guarantor Provisions: Include when mechanism for adding future guarantors is required

4. Subordination: Include when guarantors' rights need to be subordinated to other creditors

5. Cross-Guarantee Provisions: Include when guarantors are also providing guarantees to other creditors

6. Currency Provisions: Include for cross-border guarantees involving multiple currencies

7. Tax Gross-Up: Include when payments may be subject to withholding tax

8. Financial Covenants: Include when guarantors must maintain specific financial metrics

9. Information Covenants: Include when guarantors must provide ongoing financial information

10. Power of Attorney: Include when creditor requires power to execute documents on guarantors' behalf

Suggested Schedules

1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed

2. Schedule 2 - Guarantor Information: Details of each guarantor including addresses and notice information

3. Schedule 3 - Form of Guarantor Accession Deed: Standard form for adding new guarantors if applicable

4. Schedule 4 - Conditions Precedent: List of documents and conditions required before guarantee becomes effective

5. Schedule 5 - Security Details: Description of any security provided in support of the guarantee

6. Schedule 6 - Payment Instructions: Bank account and payment details for the creditor

7. Appendix A - Guarantee Limitation Calculations: Formula and calculations for any guarantee limitations

8. Appendix B - Compliance Certificate: Form of certificate for confirming compliance with guarantee terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses


























Relevant Industries

Banking and Financial Services

Real Estate

Commercial Lending

Construction

Manufacturing

Retail

Healthcare

Technology

Infrastructure

Professional Services

Relevant Teams

Legal

Finance

Risk Management

Credit

Treasury

Compliance

Commercial Banking

Corporate Banking

Business Development

Account Management

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Risk Manager

Commercial Lending Officer

Legal Counsel

Corporate Lawyer

Treasury Manager

Financial Controller

Commercial Director

Compliance Officer

Business Development Manager

Account Manager

Relationship Manager

Security Trustee

Loan Officer

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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