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Loan Guarantor Agreement
"I need a Loan Guarantor Agreement for my Malaysian manufacturing company to act as guarantor for its subsidiary's RM 5 million business expansion loan, with the guarantee period starting from March 2025."
1. Parties: Identifies the Guarantor, Lender (or Creditor), and Principal Debtor with their full legal names and addresses
2. Background: Recitals explaining the context of the principal debt, the relationship between parties, and the purpose of the guarantee
3. Definitions: Defines key terms used throughout the agreement including 'Guaranteed Obligations', 'Principal Debt', 'Security', etc.
4. Guarantee and Indemnity: Core section detailing the guarantee obligations, including the scope of guarantee and indemnity provisions
5. Nature and Extent of Guarantee: Specifies whether the guarantee is continuing, limited or unlimited, and its maximum liability
6. Guarantor's Representations and Warranties: Guarantor's confirmations regarding their capacity, authority, and financial status
7. Principal Obligations: Details the guaranteed obligations and payment terms
8. Demand and Enforcement: Procedures for making demands under the guarantee and enforcement mechanisms
9. Preserving Rights: Provisions maintaining the guarantee's validity despite changes to the principal debt or debtor's circumstances
10. Payments: Terms regarding method, timing, and application of payments, including provisions for taxes and deductions
11. Costs and Expenses: Allocation of legal costs, stamp duty, and other expenses
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Confirms Malaysian law governance and jurisdiction for disputes
1. Security: Include when the guarantee is secured by specific assets or collateral
2. Joint and Several Liability: Required when there are multiple guarantors
3. Assignment and Transfer: Include when parties need the right to assign or transfer their rights/obligations
4. Independent Legal Advice: Recommended when dealing with individual guarantors to confirm they received independent advice
5. Corporate Authority: Required when the guarantor is a corporation, confirming corporate approval
6. Cross Default: Include when the guarantee should be triggered by defaults under other agreements
7. Currency Provisions: Required for cross-border transactions involving multiple currencies
1. Schedule 1 - Principal Debt Details: Details of the underlying loan agreement including amount, interest rate, and repayment terms
2. Schedule 2 - Security Details: Description of any security or collateral provided under the guarantee
3. Schedule 3 - Guarantee Limit: Specific financial limits of the guarantee if not unlimited
4. Schedule 4 - Form of Demand: Template for making formal demands under the guarantee
5. Schedule 5 - Corporate Information: Corporate information and resolutions if guarantor is a company
6. Appendix A - Principal Loan Agreement: Copy of the underlying loan agreement being guaranteed
7. Appendix B - Legal Advice Certificate: Certificate confirming independent legal advice if applicable
Authors
Banking and Financial Services
Real Estate and Property Development
Manufacturing
Construction
Retail and Commercial
Agriculture
Technology and Software
Healthcare
Education
Hospitality and Tourism
Infrastructure Development
Small and Medium Enterprises
Legal
Finance
Credit Risk
Compliance
Corporate Banking
Operations
Treasury
Risk Management
Documentation
Business Development
Legal Counsel
Finance Director
Credit Risk Manager
Loan Officer
Relationship Manager
Compliance Officer
Corporate Secretary
Chief Financial Officer
Treasury Manager
Risk Assessment Officer
Banking Operations Manager
Legal Documentation Specialist
Credit Analysis Manager
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