Contract of Guarantee to Lender relating to Loan Facility

Lender with Indemnity

No. of Prokens Required: 3 |

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Description:

A standard deed / contract of guarantee is given to a Lender in return for the grant or to continue to grant the Loan to the Borrower. This is drafted in favour of the Lender.

The Guarantor requests the Lender to grant or to continue to grant the Loan to the Borrower. With a view to obtaining the Lender's Loan to the Borrower, the Guarantor has agreed at the request of the Lender to give a guarantee and indemnity in respect of the obligations and liabilities of Loan as are set out in the Schedule to this Guarantee.

The Guarantee is only a recommended form of guarantee and indemnity. In deciding whether to adopt the Guarantee, the mortgage lender should consider whether the Guarantee is compatible with its operational procedures and the complexity of the loan transaction. The use of the Guarantee for any mortgage transaction is entirely voluntary by the mortgage lender and the guarantor.

The Guarantee provides a contract of guarantee and indemnity in respect of loan(s) granted by the lender by way of facility agreement(s). However, one distinctive feature of the Guarantee is that the guarantor’s liability is limited to the specified amount of the loan plus interest, costs and expenses.

If the Guarantor signs this Guarantee, the Guarantor will become liable instead of, or as well as, the Borrower under the loan for:

(a) the amount of the Loan owed by the Borrower;

(b) the amount of any Additional Loan the Lender lent the Borrower with the Guarantor's approval;

(c) the Expenses payable by the Guarantor under this Guarantee; and

(d) all interest, default interest, late charges and other charges charged on any of the above sums.

The Guarantor will be required to pay immediately under this Guarantee on written demand from the Lender.

This Guarantee is a guarantee and an indemnity of the full amount of the Debt and the Expenses. However, the Guarantor will not be liable to the Lender under this Guarantee for any Additional Loan unless the Guarantor has given the Guarantor's written approval to the Additional Loan being made, or unless the Guarantor later agree in writing to be liable for it.

The Lender may still make the Additional Loan to the Borrower even if the Guarantor has not given the Guarantor's written approval to the Additional Loan being made. If the Lender does so, this will not affect the Guarantor's liability to repay the Debt (not including that Additional Loan) to the Lender.

How to use this Document?

 

The Document shall be carefully read by the Guarantor and the Lender

Both parties should sign and return a copy, and once signed, both parties should get a copy.

To avoid any future disputes, both parties may wish to have their signatures witnessed.

The loan amount, additional loans, expenses payable and other charges, and also the responsibilities and liabilities of the grantor and lender should all be clearly stated in the agreement.

If either party wishes to amend the agreement in the future, both parties should agree to do so, and the original agreement and amendments should be recorded in writing and signed by both parties.

 

How to Tailor the Document for Your Need?

 

1. Click the “Create Document” button and fill in the details of the parties. You can click the “Fill with Member’s Information” button to complete the party’s information with your personal or business information saved to your account.

2. Please fill in any additional information by following the step-by-step guide on the left-hand side of the preview document and click the “Next” button.

3. When you are done, click the “Get Document” button and you can download the document in Word or PDF format.

4. Please get all parties to review the document carefully and make any final modifications to ensure that the details are correct before signing the document. Each party should have a copy of the executed document.

Document Type:

Deed /poa / authorisation / agency / escrow

Category:

Business > Banking and Finance > Letter of Comfort / Guarantee and Indemnity

 
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Author:

DocPro Legal

DocPro Legal is a team of legal professionals with a passion for making quality documents and legal contract templates widely available to the public through cutting edge technology. Our lawyers are qualified in numerous common law jurisdictions including the United Kingdom, Australia, New Zealand, India, Singapore and Hong Kong. We have experience in major law firms and international banks with expertise in business, commercial, finance, banking, litigation, family, succession and company laws.