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Deed of inter-company cross guarantee  

Doc Ref. EN-CMgi04
With Free Guidance Notes
Drawn by: Net Lawman
Format available: word-small
Word count: 3600

This is an intercompany guarantee where many companies agree to form an allegiance for the purpose of taking a loan or raising capital. Suitable whether the companies are subsidiaries of a larger company or if they have their own separate identities.

 
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About this document
This inter company guarantee, sometimes called a cross guarantee, governs the relationship between a group of companies which may either be separate entities, group companies or subsidiaries of a common company.  This type of guarantee is typically used for raising capital or talking multiple loans by a corporate-group, where each company within a guarantee group guarantees the performance of the companies.
The companies have joint and several liable for the thing that they are guaranteeing. Joint and several liability means that with respect to the claimant, the parties are jointly liable (both are equally responsible for paying the entire sum and neither one can pay only their half share), but as between obligors themselves, the liabilities are several. This means that if the claimant pursues one party, and receives payment in full, that party can then pursue the other obligors for a contribution to their share of the liability.
 
Application and features
Comprehensive agreement suitable for guaranteeing any contract;
Written in plain English;
Explanatory notes to guide you.
 
Contents
Joint and several guarantee;
Continuing security;
When the can guarantee be terminated;
Payment to the bank;
Effect of any principal’s insolvency;
Proviso to settlement or discharge;
Effect of other guarantees;
Indulgence;
Resorting to other means of payment;
No proof in competition with bank;
Evidence of amount due;
Change in constitution of principals or guarantor does not affect the guarantee;
Money not recoverable on footing of guarantee;
Payments by guarantors;
Currency;
No waiver of rights allowed;
Demands;
Other usual legal provisions.
Draftsman
This document is drawn and maintained by Net Lawman. It is real law in plain English.

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