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Guaranty Agreement
"I need a Guaranty Agreement governed by Pakistani law for my manufacturing company to guarantee a 50 million PKR bank loan to our subsidiary company, with the guarantee period starting from March 1, 2025."
1. Parties: Identifies the Guarantor, the Creditor (Beneficiary), and the Principal Debtor
2. Background: Describes the underlying transaction or obligation being guaranteed and the purpose of the guarantee
3. Definitions: Defines key terms used throughout the agreement, including 'Guaranteed Obligations', 'Event of Default', and other relevant terms
4. Guarantee and Indemnity: Core section establishing the guarantee obligations, including the scope and nature of the guarantee
5. Extent and Limits of Guarantee: Specifies the maximum liability amount and any limitations on the guarantor's obligations
6. Nature of Guarantee: Establishes whether the guarantee is continuing, irrevocable, and/or unconditional
7. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition
8. Payment Mechanics: Details how and when payments must be made under the guarantee
9. Enforcement and Remedies: Specifies the creditor's rights and remedies upon default
10. Costs and Expenses: Allocates responsibility for costs related to the guarantee
11. Notices: Specifies how formal communications between parties should be made
12. Governing Law and Jurisdiction: Confirms Pakistani law as governing law and specifies jurisdiction for disputes
1. Islamic Banking Compliance: Required when the guarantee needs to comply with Shariah principles
2. Multiple Guarantors: Include when there is more than one guarantor, establishing joint and several liability
3. Security Provisions: Include when the guarantee is secured by specific assets or collateral
4. Assignment and Transfer: Include when parties want to allow for transfer of guarantee rights
5. Currency Provisions: Required when the guarantee involves foreign currency obligations
6. Set-off Rights: Include when the guarantor is given specific set-off rights
7. Tax Provisions: Include when specific tax implications need to be addressed
8. Force Majeure: Optional clause addressing circumstances beyond parties' control
1. Schedule 1 - Guaranteed Obligations: Detailed description of the underlying obligations being guaranteed
2. Schedule 2 - Form of Demand: Standard form for making a demand under the guarantee
3. Schedule 3 - Security Details: Details of any security or collateral (if applicable)
4. Schedule 4 - Guarantor Information: Detailed information about the guarantor including address and contact details
5. Appendix A - Compliance Documents: List of required compliance documents and certificates
6. Appendix B - Payment Schedule: If applicable, schedule of any structured payments under the guarantee
Authors
Banking and Financial Services
Real Estate and Construction
Manufacturing
Trading and Commerce
Infrastructure Development
Telecommunications
Energy and Utilities
Import/Export
Professional Services
Retail
Legal
Finance
Risk Management
Compliance
Treasury
Credit
Commercial
Corporate Secretariat
Business Development
Operations
Legal Counsel
Corporate Lawyer
Finance Manager
Risk Manager
Credit Officer
Compliance Officer
Commercial Director
Chief Financial Officer
Treasury Manager
Banking Relationship Manager
Contract Administrator
Company Secretary
Business Development Manager
Financial Controller
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