| name | guaranty-agreement |
| title | Guaranty Agreement |
| description | Drafts U.S. commercial guaranty agreements securing a debtor's obligations to a creditor. Covers payment/collection elections, scope, caps, waivers, defaults, remedies, and enforceability. Trigger when the user needs a guaranty, guarantee, surety, continuing guaranty, payment guaranty, credit enhancement, or lender-required guaranty for loans, credit facilities, or real estate financing. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/guaranty-agreement |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | commercial |
| language | en |
Guaranty Agreement
Draft a commercially enforceable guaranty clarifying scope, liability, waivers, and remedies.
Gather Before Drafting
- Underlying obligation — date, parties, principal amount, obligations covered, maturity, collateral
- Guarantor — legal name, entity type, jurisdiction, authority, address, financial condition
- Creditor — legal name, address, notice info
- Elections — payment vs collection, cap, term, continuing scope, governing law, dispute forum
- Execution — signatories, titles, notarization or spousal consent if needed
Elections Checklist
Resolve each before drafting:
- Type:
Payment · Collection
- Scope:
All obligations · Specified obligations
- Cap:
None · $[amount]
- Term:
Continuing · Fixed end date
- Survival:
Survives bankruptcy/insolvency
- Multiple guarantors:
Joint and several · Several
- Waivers:
Presentment/notice/defenses included
- Subrogation:
Deferred until paid in full
- Remedies:
Setoff · Costs · Attorneys' fees
- Dispute:
Forum · Jury waiver · Arbitration
- Notices:
Method · Address · Email allowed?
- Assignment:
Creditor assignable · Guarantor restricted
Section Map
| Section | Content |
|---|
| Parties | Legal names, entity types, jurisdictions, addresses |
| Recitals | Underlying obligation summary, relationship, consideration |
| Definitions | "Obligations," "Guaranteed Obligations," "Guarantor," "Creditor" |
| Guaranty | Payment vs collection, unconditional, continuing, cap, survival |
