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Best Practices Series

Series 8
  Best Practices in Relation to Guarantee Agreements
  by Vinod K. Agarwal

June 2005

(29 pages, 249 kb, Adobe Acrobat 5 format)

Table of Contents

Introductory Note

  • Best Practices in Relation to Guarantee Agreements

    Overview and Introduction
    - Guarantee, its purpose, object and nature
    - Legal status of the guarantee
    - Who may be a guarantor
    - Contents of a guarantee agreement

    I. Preamble
    - Preamble
    - Date of execution and the identity of the Guarantor
    - Identity of the Lenders and Managers and Agents
    - Irrevocable and unconditional
    - Guarantee - condition precedent
    - Consideration
    - Points for negotiation

    II. Interpretation
    - Interpretation

    III. Guarantee and Indemnity
    - Guarantee
    - Points for negotiation
    - Indemnity
    - Primary obligor
    - Consideration

    IV. Preservation of Rights
    - Preservation of Rights

    Author's Profile


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