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A guaranty agreement, in the realm of commercial insurance, refers to a legally binding contract where one party, known as the guarantor, promises to be responsible for the obligations or debts of another party, known as the debtor, if they fail to fulfill their financial commitments.
The person who gives the guarantee is called the "surety": the person in respect of whose default the guarantee is given is called the "principal debtor", and the person to whom the guarantee is given is called the "creditor". A guarantee may be either oral or written.
The Guarantor agrees that, if any of the Obligations are not paid when due, the Guarantor will, upon demand by the Bank, forthwith pay such Obligations, or if the maturity thereof shall have been accelerated by the Bank, the Guarantor will forthwith pay all Obligations of the Borrower.
In order for a guaranty agreement to be enforceable, it has to be in writing, the writing has to be signed by the guarantor, and the writing has to contain each of the following essential elements: 1. the identity of the lender; 2. the identity of the primary obligor; 3.
In a guaranteed contract, the surety guarantees loan repayment on behalf of the person who took the loan but continued to fail to repay the debts. As a result, it seeks to protect the other party from a loss. The Indian Contract Act,1872, controls the Contract of guarantee.
The guarantor is responsible for the repayment of the loan in all the cases when the borrower or the co-borrower or both of them together are unable to pay back the loan. This could be due to any reason like the death of the borrower, loss of his/her job/ a medical condition, etc.
As the name suggests, a guarantee is a contractual promise to pay the liabilities of another. The guarantor is typically a shareholder, director or group company with assets. The debtor is typically the guarantor's company.
Guarantor agrees to the provisions of this Guaranty, and hereby waives notice of (a) any loans or advances made by Lender to Borrower, (b) acceptance of this Guaranty, (c) any amendment or extension of the Note, the Loan Agreement or of any other Loan Documents, (d) the execution and delivery by Borrower and Lender of ...