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GLOSSARY
A stock that is expected to achieve above average earnings growth.
GLOSSARY
The process of removing tree stumps and roots from the ground, carried out as part of the preparation of the site for before construction commences.
GLOSSARY
A guarantee is an agreement between one person/entity (the guarantor) and another person/entity (the creditor), to meet the current or future debts owed by the principal debtor to the creditor. Must be evidenced in writing and signed by the guarantor to be valid.
GLOSSARY
An element of Pension Credit available to men and women who have reached the qualifying age (which is linked to women's State Pension age). It tops up income to a ‘standard minimum guarantee’. This level may be increased for people with caring responsibilities, severe disabilities or certain housing costs, such as mortgage interest.
PRECEDENTS
Add a new party to the parties clause in Precedent: Share purchase agreement—pro-seller—corporate seller—conditional—long form: [Insert name of guarantor entity] incorporated in [England and Wales OR [insert country of incorporation]] with registered number [insert company number] whose registered office is at [insert address] (the Guarantor); Replace the ‘Party’ definition in the parties clause in Precedent: Share purchase agreement—pro-seller—corporate seller—conditional—long form with the following (so as to refer to the guarantor as well as the seller and the buyer): each of the Seller, the Buyer and the Guarantor being a Party and together the Seller, the Buyer and the Guarantor are the Parties. Add a new paragraph (D) in the background section in Precedent: Share purchase agreement—pro-seller—corporate seller—conditional—long form: (D) The Guarantor has agreed to guarantee the performance by the Buyer of its obligations [and liabilities] under this Agreement and provide the Seller with an indemnity in respect of such obligations [and liabilities] of the Buyer. Insert as new clause 9 and renumber accordingly in Precedent: Share purchase agreement—pro-seller—corporate seller—conditional—long form: 9 Guarantor 9.1 In consideration of the Seller
PRECEDENTS
This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year] Parties 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] (Company A); 2 [Insert name of Guarantor], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (Company B); Company A and Company B together (the Obligors) and 3 [Insert name of Lender], of [insert address] (the Lender). bACKGROUND (A) The Lender has provided facilities to the Obligors under various financing arrangements. (B) It is a condition of the Lender making the facilities available to the Obligors or any of them that the Obligors enter into this Deed in favour of the Lender. It is agreed as follows: 1 Definitions and interpretation 1.1 Definitions In this Deed[, unless otherwise provided]: Business Day • means a day, other than a Saturday, Sunday or public holiday on which banks are open for business in London; Legal Reservations • means: (a) the principle that the granting or not of equitable remedies is at the
PRECEDENTS
Warning to the GUARANTOR: Before you sign this guarantee, you should seek independent legal advice on the nature of the obligations you are undertaking and which would be legally binding on you when you sign this guarantee. You can take advice from an independent solicitor. Your solicitor should advise you in writing that they have explained to you the nature and limit of the obligations you are being asked to take on and the effect of the documents you are being asked to sign. If you decide not to take independent legal advice before signing the guarantee, please complete the declaration [provided to you OR attached] confirming that you had the opportunity to take independent legal advice and were advised to do so but decided not to take independent legal advice. The amount you are being asked to guarantee is not a specific amount. THIS GuArantee is intended to cover all sums due by the company, of which you are a director, to the lender, INCLUDING PRINCIPAL, INTEREST, COSTS AND EXPENSES, EACH OF WHICH
PRECEDENTS
Warning to the GUARANTOR: before you sign this guarantee, you should seek independent legal advice on the nature of the obligations you are undertaking and which would be legally binding on you when you sign this guarantee. You can take advice from an independent solicitor. Your solicitor should advise you in writing that they have explained to you the nature and limit of the obligations you are being asked to take on and the effect of the documents you are being asked to sign. If you decide not to take independent legal advice before signing the guarantee, please complete the declaration [Provided to you OR Attached] confirming that you had the opportunity to take independent legal advice and were advised to do so but decided not to take independent legal advice. The amount of principal you are being asked to guarantee is a specific amount. however the interest, costs and expenses are as yet not specified. The interest is determined by a floating rate set out in the facility agreement between the LENDER and
PRECEDENTS
Warning to the GUARANTOR: before you sign this guarantee, you should seek independent legal advice on the nature of the obligations you are undertaking and which would be legally binding on you when you sign this guarantee. You can take advice from an independent solicitor. Your solicitor should advise you in writing that they have explained to you the nature and limit of the obligations you are being asked to take on and the effect of the documents you are being asked to sign. If you decide not to take independent legal advice before signing the guarantee, please complete the declaration [provided to you OR attached] confirming that you had the opportunity to take independent legal advice and were advised to do so but decided not to take independent legal advice. The amount you are being asked to guarantee is not a specific amount. THIS GUARANTEE is intended to cover all sums due by the company to the LENDER, INCLUDING PRINCIPAL, INTEREST, COSTS AND EXPENSES, EACH OF WHICH are as yet
PRECEDENTS
Warning to the Guarantor: before you sign this guarantee, you should seek independent legal advice on the nature of the obligations you are undertaking and which would be legally binding on you when you sign this guarantee. You can take advice from an independent solicitor. Your solicitor should advise you in writing that they have explained to you the nature and limit of the obligations you are being asked to take on and the effect of the documents you are being asked to sign. If you decide not to take independent legal advice before signing the guarantee, please complete the declaration [Provided to you OR Attached] confirming that you had the opportunity to take independent legal advice and were advised to do so but decided not to take independent legal advice. The amount of principal you are being asked to guarantee is a specific amount. however the interest, costs and expenses are as yet not specified. The interest is determined by a floating rate set out in the facility agreement between the Lender and the
PRECEDENTS
This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year] Parties 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 2 [Insert name of Lender], of [insert address] (the Lender). BACKGROUND (A) The Lender has provided facilities to the Company (as defined below) under various financing arrangements. (B) It is a condition of the Lender making the facilities available to the Company that the Guarantor enter into this Deed in favour of the Lender. It is agreed as follows: 1 Definitions and interpretation 1.1 Definitions In this Deed[, unless otherwise provided]: Business Day • means a day, other than a Saturday, Sunday or public holiday on which banks are open for business in London; Company • means [insert name of the borrower company to whom the Lender is making financing facilities available], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address]; Legal Reservations • means: (a) the principle that the granting or not of equitable remedies is at the discretion
PRECEDENTS
This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year] Parties 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 2 [Insert name of Lender], of [insert address] (the Lender). background (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). (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 Definitions and interpretation 1.1 Definitions In this Deed[, unless otherwise provided]: Company • 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 • 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 • means £[insert amount in figures] ([insert