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1. Parties: Identifies the Guarantor, Creditor, and Principal Debtor with full legal names and addresses
2. Background: Explains the context of the guarantee, including reference to the principal debt or obligation being guaranteed
3. Definitions: Defines key terms used throughout the agreement, including 'Guaranteed Obligations', 'Security', and 'Event of Default'
4. Guarantee and Indemnity: Core section containing the guarantee obligations, indemnity provisions, and nature of the guarantee (continuing, unconditional, etc.)
5. Scope of Guarantee: Details the extent of the guaranteed obligations, including principal, interest, and other amounts
6. Guarantor's Representations and Warranties: Statements about the guarantor's capacity, authority, and financial condition
7. Preservation of Rights: Provisions ensuring the guarantee remains valid despite changes to the principal obligation or debtor's circumstances
8. Payments: Terms regarding payment obligations, including timing, method, and currency of payments
9. Costs and Expenses: Allocation of costs related to the preparation, enforcement, and maintenance of the guarantee
10. Duration and Release: Terms specifying when the guarantee terminates and conditions for release of the guarantor
11. Notices: Communication requirements and contact details for formal notices
12. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction
1. Security: Include when the guarantee is secured by specific assets or collateral
2. Multiple Guarantors: Add when there are multiple guarantors, defining joint and several liability
3. Assignment and Transfer: Include if parties want to allow for transfer of rights under the guarantee
4. Financial Covenants: Add for sophisticated guarantees where guarantor must maintain certain financial conditions
5. Guarantee Limitations: Include when there are specific caps or limitations on the guarantee amount
6. Power of Attorney: Add when creditor requires power to execute documents on guarantor's behalf
7. Personal Data Protection: Include when personal data handling is involved, ensuring compliance with privacy laws
1. Schedule 1 - Guaranteed Obligations: Detailed description of the principal obligations being guaranteed
2. Schedule 2 - Secured Assets: List and description of any assets securing the guarantee (if applicable)
3. Schedule 3 - Form of Notice: Standard forms for various notices required under the agreement
4. Schedule 4 - Guarantee Limit Calculation: Formula or method for calculating any applicable guarantee limits
5. Appendix A - Required Documents: List of documents required from the guarantor (e.g., ID copies, financial statements)
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