Common use of Conditions of the Guarantee Clause in Contracts

Conditions of the Guarantee. 3.1. For the purposes of the Agreement, the liability of the Guarantor shall be limited to the maximum amount of sum (or its equivalent) specified in Paragraph 2.3 of the Joint Guarantee Agreement (at the commercial rate of the Bank as of the date of settlement of the liability (in parts or in full). 3.2. During the term of effectiveness of the Agreement the Guarantor shall waive his/her/its right to: 3.2.1. Raise the Debtor’s counterclaims against the Bank; 3.2.2. Refuse to satisfy the Bank, whether or not the Debtor has the right to question the Agreement on the Secured Claims underlying his/her/its obligations. 3.2.3. Request to be released from the Guarantee, whether or not: 3.2.3.1. The Debtor’s property status has substantially deteriorated; 3.2.3.2. Repayment from the Debtor has become substantially difficult due to the change of the place of residence or location; 3.2.3.3. The Bank has the ability to demand fulfillment of obligations under the Agreement on the Secured Claims from the Debtor or his/her/its successor/assignee due to the loss of capacity and/or authority of the Debtor, and/or death/bankruptcy/liquidation of the Debtor; 3.2.3.4. The membership of the party/parties to the 3.2.3.5. The Bank transfers the Secured Claims and other claims under the Agreement to other Person (other than the Guarantor); 3.2.3.6. The Bank holds the document having the executive endorsement on execution against the Guarantor.

Appears in 3 contracts

Samples: Joint Guarantee Agreement, Joint Guarantee Agreement, Joint Guarantee Agreement

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Conditions of the Guarantee. 3.1. For the purposes of the Agreement, the liability of the Guarantor shall be limited to the maximum amount of sum (or its equivalent) specified in Paragraph 2.3 of the Joint Guarantee Agreement (at the commercial rate of the Bank as of the date of settlement of the liability (in parts or in full). 3.2. During the term of effectiveness of the Agreement the Guarantor shall waive his/her/its right to: 3.2.1. Raise the Debtor’s counterclaims against the Bank; 3.2.2. Refuse to satisfy the Bank, whether or not the Debtor has the right to question the Agreement on the Secured Claims underlying his/her/its obligations. 3.2.3. Request to be released from the Guarantee, whether or not: 3.2.3.1. The Debtor’s property status has substantially deteriorated; 3.2.3.2. Repayment from the Debtor has become substantially difficult due to the change of the place of residence or location; 3.2.3.3. The Bank has the ability to demand fulfillment of obligations under the Agreement on the Secured Claims from the Debtor or his/her/its successor/assignee due to the loss of capacity and/or authority of the Debtor, and/or death/bankruptcy/liquidation of the Debtor; 3.2.3.4. The membership of the party/parties to thethe Agreement on the Secured Claims changes; 3.2.3.5. The Bank transfers the Secured Claims and other claims under the Agreement to other Person (other than the Guarantor);the 3.2.3.6. The Bank holds the document having the executive endorsement on execution against the Guarantor.

Appears in 2 contracts

Samples: Joint Guarantee Agreement, Joint Guarantee Agreement

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