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Guarantee And Collateral Agreement Template for England and Wales

A Guarantee and Collateral Agreement under English and Welsh law is a comprehensive legal document that combines both guarantee obligations and security arrangements. It establishes the guarantor's commitment to fulfill specified obligations of a principal debtor and provides security interests over specific assets as collateral. The agreement is governed by English law principles of contract and security, including the Law of Property Act 1925 and Financial Collateral Arrangements Regulations.

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What is a Guarantee And Collateral Agreement?

The Guarantee And Collateral Agreement is commonly used in financing transactions where additional security and support are required beyond the primary obligor's commitments. This document, governed by English and Welsh law, serves a dual purpose by establishing both guarantee obligations and security interests over specific assets. It is particularly relevant in corporate financing, acquisition financing, and other secured lending arrangements where lenders require both personal guarantees and asset-based security. The agreement typically includes detailed provisions on the nature and extent of the guarantee, the security package, enforcement mechanisms, and the interplay between different forms of security.

What sections should be included in a Guarantee And Collateral Agreement?

1. Parties: Identification of guarantor, beneficiary, and principal debtor

2. Background: Context of the guarantee and underlying obligations

3. Definitions: Key terms used throughout the agreement

4. Guarantee and Indemnity: Core guarantee obligations and indemnity provisions

5. Nature and Extent of Guarantee: Scope and limitations of the guarantee

6. Security and Collateral: Description of security interests and collateral arrangements

7. Representations and Warranties: Guarantor's confirmations regarding capacity and authority

8. Enforcement: Rights and procedures for enforcing the guarantee

What sections are optional to include in a Guarantee And Collateral Agreement?

1. Additional Security Provisions: Specific provisions for complex security arrangements when multiple forms of security are involved

2. Intercreditor Provisions: Provisions governing multiple creditors when more than one creditor is involved in the transaction

3. Currency Provisions: Provisions for handling multiple currencies in cross-border transactions

What schedules should be included in a Guarantee And Collateral Agreement?

1. Schedule of Secured Obligations: List of obligations covered by the guarantee

2. Schedule of Security Assets: Detailed description of collateral assets

3. Form of Notice: Standard form notices for various purposes

4. Powers of Attorney: Form of power of attorney if required

5. Enforcement Procedures: Detailed procedures for enforcing security

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Guarantee Agreement

Sector

Banking

Cost

Free to use

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