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Corporate Guarantee Agreement

Tuesday, June 6th 2017. | Sample Forms

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This Corporate Guarantee Agreement (“Agreement”) is made and entered into as of [DATE] by and between:

[GUARANTOR NAME], a [STATE OF INCORPORATION] corporation with its principal place of business at [ADDRESS] (“Guarantor”),

and

[CREDITOR NAME], a [STATE OF INCORPORATION] corporation with its principal place of business at [ADDRESS] (“Creditor”).

WHEREAS, [STATE THE RELATIONSHIP BETWEEN CREDITOR AND DEBTOR. E.G., Debtor is indebted to Creditor pursuant to that certain Loan Agreement dated as of [DATE], between Creditor and [DEBTOR NAME] (“Debtor”) (the “Underlying Agreement”).]; and

WHEREAS, as a condition to Creditor entering into the Underlying Agreement, Creditor has requested that Guarantor guarantee the Obligations (as defined below); and

WHEREAS, Guarantor is willing to provide such guarantee upon the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants and agreements hereinafter set forth, the parties agree as follows:

1. Definitions.
“Obligations” means any and all present and future indebtedness, liabilities, and obligations of Debtor to Creditor, whether direct or indirect, absolute or contingent, secured or unsecured, joint or several, due or to become due, now existing or hereafter arising, under or in connection with the Underlying Agreement, including, without limitation, all principal, interest, fees, expenses, and other amounts payable thereunder.
“Event of Default” means any event or circumstance that constitutes an event of default under the Underlying Agreement.

2. Guarantee.
Guarantor hereby unconditionally and irrevocably guarantees to Creditor, and its successors and assigns, the prompt and unconditional payment and performance when due of all of Debtor’s Obligations.

3. Nature of Guarantee.
This Agreement constitutes an absolute, unconditional, and continuing guarantee of payment and performance, and not merely a guarantee of collection. Guarantor’s liability hereunder shall be primary, direct, and immediate, and not secondary or conditioned upon the pursuit of any remedies by Creditor against Debtor or any other person or entity.

4. Waiver of Defenses.
Guarantor hereby waives any and all defenses, counterclaims, rights of subrogation, set-off, or other objections of any kind or nature whatsoever that Guarantor may now or hereafter have against Creditor or Debtor in connection with the Obligations, this Agreement, or the Underlying Agreement.

5. Payment Upon Demand.
If Debtor fails to pay or perform any of the Obligations when due, Creditor may demand immediate payment from Guarantor, and Guarantor shall immediately pay to Creditor the full amount then due and payable under this Agreement.
[Include additional sections as needed, such as representations and warranties of the Guarantor, events of default under the Guarantee, limitations on liability, governing law, and miscellaneous provisions (e.g., notices, waivers, severability, etc.)].
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[GUARANTOR NAME]

By: [NAME]
Title: [TITLE]

[CREDITOR NAME]

By: [NAME]
Title: [TITLE]

Disclaimer: This is a sample template for informational purposes only and should not be considered legal advice. Consult with an experienced attorney to draft a Corporate Guarantee Agreement tailored to your specific situation and applicable laws.

Corporate Guarantee Agreement :

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Corporate Guarantee Agreement

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