The Loan Guarantor Agreement Form is a crucial legal instrument in Philippine banking and finance practice, used when a third party agrees to guarantee a borrower's loan obligations. This document becomes necessary when a lender requires additional security beyond the borrower's own creditworthiness, particularly in commercial lending, property financing, or business expansion scenarios. The agreement must comply with Philippine Civil Code provisions on guaranty, the Truth in Lending Act, and relevant banking regulations. It typically includes detailed sections on the guarantee's scope, the guarantor's obligations, enforcement mechanisms, and release conditions. The document serves as a risk mitigation tool for lenders while providing clear parameters for guarantors' liability.
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1. Parties: Identifies all parties: the Guarantor, the Lender, and the Borrower
2. Background: Describes the underlying loan agreement and the purpose of the guarantee
3. Definitions: Defines key terms used throughout the agreement
4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnification provisions
5. Scope of Guarantee: Defines exactly what obligations are covered by the guarantee
6. Duration of Guarantee: Specifies when the guarantee becomes effective and when it terminates
7. Guarantor's Representations and Warranties: Statements of fact and promises made by the guarantor about their capacity and authority
8. Payment Mechanics: Details how and when payments must be made under the guarantee
9. Enforcement and Rights of the Lender: Describes when and how the lender can enforce the guarantee
10. Discharge and Release: Conditions under which the guarantor may be released from obligations
11. Costs and Expenses: Allocation of costs related to the guarantee
12. Notices: How formal communications between parties should be made
13. Governing Law and Jurisdiction: Confirms Philippine law governs and specifies jurisdiction for disputes
14. Execution: Signature blocks and execution formalities
1. Security Provisions: Include when the guarantee is secured by specific assets
2. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability
3. Assignment and Transfer: Include when parties want to allow transfer of guarantee rights
4. Corporate Authorizations: Include when the guarantor is a corporation, detailing required corporate approvals
5. Subordination: Include when the guarantee needs to be ranked relative to other obligations
6. Foreign Currency Provisions: Include when the underlying loan is in a currency other than Philippine Peso
7. Tax Provisions: Include when specific tax implications need to be addressed
1. Schedule 1 - Details of the Underlying Loan: Contains full details of the loan being guaranteed including amount, interest rate, and repayment terms
2. Schedule 2 - Guarantor Information: Contains detailed information about the guarantor including financial statements or asset listings
3. Schedule 3 - Form of Demand: Standard form for making a demand under the guarantee
4. Schedule 4 - Security Details: If applicable, details of any security provided for the guarantee
5. Appendix A - Required Corporate Authorizations: Copies of relevant corporate authorizations and resolutions
6. Appendix B - Specimen Signatures: Authenticated specimen signatures of authorized signatories
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