Guarantee and indemnity: single company guarantor—bilateral—specific monies
Guarantee and indemnity: single company guarantor—bilateral—specific monies

The following Banking & Finance precedent provides comprehensive and up to date legal information covering:

  • Guarantee and indemnity: single company guarantor—bilateral—specific monies
  • background
  • 1 Definitions and interpretation
  • 2 Guarantee and indemnity
  • 3 Waiver of defences
  • 4 Scope of the guarantee and indemnity
  • 5 Immediate recourse
  • 6 No competition
  • 7 Representations and warranties
  • 8 Undertakings
  • More...

This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year]

Parties

  1. 1

    [Insert name of Guarantor], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (the Guarantor); and

  1. 2

    [Insert name of Lender], of [insert address] (the Lender).

background

    1. (A)

      The Lender has agreed to make available a loan facility to the Company (as defined below) on the terms and conditions set out in the Facility Agreement (as defined below).

    1. (B)

      It is a condition precedent to the availability of the loan facility that the Guarantor enter into this Deed in favour of the Lender.

It is agreed as follows:

    1. 1

      Definitions and interpretation

      1. 1.1

        Definitions

        In this Deed[, unless otherwise provided]:

        Company

        1. means [insert name of borrower under the Facility Agreement], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address];

        Facility Agreement

        1. means the facility agreement entered into on [the date of this Deed OR [insert date]] between the Company as borrower and the Lender as lender;

        [Maximum Limit

        1. means £[insert amount in figures] ([insert amount in words] pounds Sterling);]

        Obligations

        1. means all present and future obligations and liabilities (whether actual or contingent, whether incurred alone, jointly or severally, whether as principal or surety and/or in any other capacity whatsoever and regardless of how they

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