A New York Subsidiary Guaranty Agreement is a legal document that outlines the terms and conditions of a guarantee provided by a subsidiary company to the parent company or a third-party lender. This agreement signifies the subsidiary's commitment to fulfill the financial obligations of a loan or any other contractual arrangement in the event of default by the borrower. Key elements of a New York Subsidiary Guaranty Agreement include the identification of the parties involved (parent company, subsidiary, and lender), detailed terms of the guarantee, and provisions for repayment. The agreement typically specifies the maximum liability the subsidiary is willing to assume, the duration of the guarantee, and any specific conditions or events that could trigger its activation. There are different types of New York Subsidiary Guaranty Agreements that can be tailored to suit specific circumstances: 1. Unconditional Guaranty: This agreement provides an unconditional and irrevocable guarantee by the subsidiary to repay the debt or fulfill the contractual obligations in full, regardless of any circumstances. It is generally favored by lenders due to its comprehensive nature. 2. Conditional Guaranty: In this type of agreement, the subsidiary's guarantee is contingent upon specific conditions being met. These conditions could include the borrower's default, insolvency, or breach of the underlying agreement. A conditional guaranty offers more protection to the subsidiary, as it limits their liability based on predetermined triggers. 3. Limited Guaranty: This agreement restricts the subsidiary's liability to a predetermined extent. The subsidiary guarantees a portion or a specified amount of the debt or contractual obligation, providing partial coverage instead of assuming full responsibility. A limited guaranty may be negotiated when the subsidiary wants to minimize its exposure while still providing some level of financial support. 4. Continuing Guaranty: This type of New York Subsidiary Guaranty Agreement remains in effect until expressly revoked, and covers not only existing debts or obligations but also any future ones. A continuing guaranty allows the lender to rely on the subsidiary's guarantee across multiple transactions, providing increased flexibility and convenience. It's important to note that New York Subsidiary Guaranty Agreements must comply with the laws and regulations of the state. These agreements are legally binding and should be drafted carefully to ensure all parties involved fully understand their rights, obligations, and the potential consequences of default. Seeking legal advice is recommended to ensure the agreement is properly structured and enforceable.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.