The Guaranty And Security Agreement is commonly used in financing transactions where additional security is required beyond the primary obligor's commitments. This document, governed by English and Welsh law, serves a dual purpose by providing both a personal guarantee and creating security interests over specific assets. It's particularly valuable in commercial lending, corporate restructuring, and investment scenarios where the lender requires multiple layers of protection. The agreement typically details the guaranteed obligations, describes the secured assets, outlines enforcement rights, and includes necessary provisions for compliance with English security and registration requirements.
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1. Parties: Identification of guarantor, secured party, and principal debtor
2. Background: Context of the guarantee and security arrangement, reference to principal obligations
3. Definitions and Interpretation: Key terms used throughout the agreement, interpretation rules
4. Guarantee: Core guarantee obligations, scope, and limitations
5. Grant of Security Interest: Creation and scope of security interest, secured assets
6. Representations and Warranties: Statements about ownership, authority, and status of secured assets
7. Covenants: Ongoing obligations regarding secured assets and guarantee
8. Enforcement: Rights and remedies upon default
9. Duration and Release: Term of agreement and conditions for release of security
1. Further Assurance: Additional actions parties must take to perfect security - used in complex security arrangements or multiple jurisdictions
2. Power of Attorney: Authority for secured party to act on behalf of guarantor - used where enforcement may require direct action
3. Assignment and Transfer: Rights to transfer the guarantee or security interest - used when transferability is important to secured party
1. Schedule of Secured Assets: Detailed list and description of assets subject to security
2. Schedule of Principal Obligations: Details of guaranteed obligations or facilities
3. Form of Notice: Standard forms for notifying third parties of security interest
4. Perfection Requirements: Specific actions required to perfect security in different jurisdictions
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