Guam Clawback Guaranty is a legal term referring to a specific type of guarantee in the financial industry that is commonly used in Guam, a U.S. territory located in the western Pacific Ocean. This guaranty is designed to protect lenders or creditors in the event that a borrower or debtor defaults on their financial obligations. The Guam Clawback Guaranty operates by allowing the lender to "claw back" certain assets or funds from the guarantor in order to satisfy the outstanding debt. It provides an additional layer of security for the lender, beyond the collateral pledged by the borrower. There are several types or variations of Guam Clawback Guaranty, each with its own specific features and conditions. These include: 1. Unlimited guarantee: This type of guaranty places no cap or limit on the potential liability of the guarantor. In case of default, the lender can recover the full outstanding amount from the guarantor's assets or funds. 2. Limited guarantee: Unlike the unlimited guarantee, this type sets a predetermined limit on the guarantor's liability. In case of default, the lender can only recover up to the specified limit from the guarantor's assets. 3. Conditional guarantee: This guaranty may require the guarantor to fulfill certain conditions or obligations before their liability is triggered. For example, the guarantor might be required to repay a certain percentage of the outstanding debt or provide additional collateral under specific circumstances. 4. Continuing guaranty: This type of guaranty remains in effect for a specified period, typically until the underlying debt is fully repaid. It ensures the lender's ongoing protection throughout the duration of the loan or credit facility. 5. Limited recourse guaranty: In this kind of guaranty, the lender's ability to recover funds from the guarantor is restricted to specific assets or forms of collateral. If there is a default, the lender can only pursue recovery through the designated assets. Overall, the Guam Clawback Guaranty plays a crucial role in ensuring the financial security of lenders operating in Guam. It provides an additional layer of protection and promotes confidence in lending, facilitating economic growth and stability in the territory.