agreera.comagreera

GUARANTEE AGREEMENT



This Guarantee Agreement ("Agreement") is made on [Date] among:



PARTIES



Creditor: [Creditor Name/Company]

Address: [Creditor Address]

(hereinafter referred to as the "Creditor")



Debtor: [Debtor Full Name]

Address: [Debtor Address]

(hereinafter referred to as the "Debtor")



Guarantor: [Guarantor Full Name]

Address: [Guarantor Address]

Tax ID/SSN: [Guarantor Tax ID]

(hereinafter referred to as the "Guarantor")



RECITALS



WHEREAS, the Debtor has entered into or will enter into a transaction with the Creditor involving: [Description of underlying obligation/loan/transaction];



WHEREAS, the Creditor requires additional security for the Debtor's obligations;



WHEREAS, the Guarantor agrees to guarantee the Debtor's obligations to induce the Creditor to extend credit or enter into the transaction.



NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, the parties agree as follows:



ARTICLE 1: GUARANTEE



1.1 Unconditional Guarantee: The Guarantor unconditionally and irrevocably guarantees to the Creditor the full and prompt payment and performance of all obligations of the Debtor to the Creditor.



1.2 Guaranteed Obligations: This guarantee covers:

a) Principal amount: [Currency] [Amount]

b) All accrued interest at the rate of [Interest Rate]% per annum

c) Default interest, late fees, and penalties

d) Collection costs and reasonable attorney's fees

e) All other amounts due under the underlying obligation



1.3 Maximum Liability: [Choose one:]

☐ UNLIMITED: The Guarantor's liability is unlimited.

☐ LIMITED: The Guarantor's maximum liability shall not exceed [Currency] [Maximum Amount].



ARTICLE 2: NATURE OF GUARANTEE



2.1 Type of Guarantee: [Choose one:]



☐ CONTINUING GUARANTEE: This is a continuing guarantee covering all present and future obligations of the Debtor until revoked in writing.



☐ SPECIFIC GUARANTEE: This guarantee covers only the specific obligation described above and shall terminate upon satisfaction of that obligation.



2.2 Primary Obligation: This is a primary obligation of the Guarantor. The Creditor may proceed directly against the Guarantor without first pursuing remedies against the Debtor or exhausting any collateral.



ARTICLE 3: GUARANTOR'S OBLIGATIONS



3.1 Payment on Demand: Upon receiving written notice of the Debtor's default, the Guarantor shall immediately pay all amounts due to the Creditor.



3.2 Performance: If the Debtor fails to perform any non-monetary obligation, the Guarantor shall cause such performance or compensate the Creditor for such failure.



3.3 Information: The Guarantor shall provide financial statements and information upon the Creditor's reasonable request.



ARTICLE 4: GUARANTOR'S WAIVERS



The Guarantor waives:



4.1 Notice of acceptance of this guarantee;

4.2 Notice of any default by the Debtor (except as required in Article 3.1);

4.3 Notice of any action taken or not taken by the Creditor;

4.4 Any right to require the Creditor to pursue the Debtor before pursuing the Guarantor;

4.5 Any right to require the Creditor to exhaust any collateral before pursuing the Guarantor;

4.6 Any defense based on the Debtor's incapacity, bankruptcy, or death;

4.7 Any right to require presentment, demand, protest, or notice of dishonor.



ARTICLE 5: GUARANTOR'S RIGHTS



5.1 Subrogation: Upon payment in full of the guaranteed obligations, the Guarantor shall be subrogated to all rights of the Creditor against the Debtor and may pursue the Debtor for reimbursement.



5.2 Contribution: If there are multiple guarantors, the Guarantor who pays more than their proportionate share may seek contribution from other guarantors.



5.3 Security Interest: The Guarantor shall have the benefit of any security interest held by the Creditor after payment.



ARTICLE 6: CREDITOR'S RIGHTS



The Creditor may, without affecting this guarantee:



6.1 Modify, extend, renew, or restructure the Debtor's obligations;

6.2 Grant time, indulgences, or compromises to the Debtor;

6.3 Take, exchange, release, or modify any security;

6.4 Apply any payments or recoveries in any manner;

6.5 Pursue any remedies in any order;

6.6 Release other guarantors or parties.



ARTICLE 7: REPRESENTATIONS AND WARRANTIES



The Guarantor represents and warrants that:



7.1 The Guarantor has full legal capacity to enter into this Agreement;

7.2 This Agreement constitutes a valid and binding obligation;

7.3 The Guarantor has adequate financial resources to fulfill this guarantee;

7.4 The Guarantor has reviewed the Debtor's obligations and accepts the risks involved;

7.5 The Guarantor understands this is an unconditional guarantee of payment and performance.



ARTICLE 8: TERM AND TERMINATION



8.1 Term: [Choose one:]



☐ This guarantee shall remain in effect until all guaranteed obligations are fully satisfied.



☐ This guarantee shall expire on [Expiration Date] unless obligations remain outstanding.



8.2 Revocation: For continuing guarantees, the Guarantor may revoke by written notice to the Creditor, but such revocation shall not affect obligations existing at the time of revocation.



8.3 Survival: The Guarantor's obligations shall survive the termination of the underlying obligation until all amounts are paid in full.



ARTICLE 9: GENERAL PROVISIONS



9.1 Governing Law: This Agreement shall be governed by the laws of [State/Province/Country].



9.2 Severability: If any provision is held invalid, the remaining provisions shall continue in full force.



9.3 Amendment: This Agreement may be amended only in writing signed by all parties.



9.4 Notices: All notices shall be in writing and delivered to the addresses specified above.



9.5 Entire Agreement: This Agreement constitutes the entire agreement and supersedes all prior negotiations.



9.6 Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns.



IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.





CREDITOR:



Signature: _________________________________

Name: [Creditor Name]

Date: _____/_____/_________





DEBTOR:



Signature: _________________________________

Name: [Debtor Full Name]

Date: _____/_____/_________





GUARANTOR:



Signature: _________________________________

Name: [Guarantor Full Name]

Date: _____/_____/_________





WITNESS 1:



Signature: _________________________________

Name: _____________________________________

Date: _____/_____/_________





WITNESS 2:



Signature: _________________________________

Name: _____________________________________

Date: _____/_____/_________