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Guarantee of Claim Promissory Note

This Promissory Note serves as an unconditional promise by the Issuer to pay a specific sum of money to the Payee by a specified future date or on demand, often used in conjunction with a guarantee of an underlying claim.

Updated 17d ago
promissory noteguaranteeclaimfinancingdebtpaymentsouthern Africa

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{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

PROMISSORY NOTE AND GUARANTEE OF CLAIM

Date: {{current_date}}

FOR VALUE RECEIVED, the undersigned, {{issuer_name}} (hereinafter referred to as "the Issuer"), with registered address at {{issuer_address}}, hereby unconditionally promises to pay to the order of {{payee_name}} (hereinafter referred to as "the Payee"), with registered address at {{payee_address}}, the principal sum of {{currency}} {{amount_in_words}} ({{currency}} {{amount_in_figures}}) on or before {{due_date}} (hereinafter referred to as "the Due Date"), or upon earlier demand by the Payee.

BACKGROUND CLAIM

This Promissory Note is issued in connection with an underlying claim (hereinafter referred to as "the Claim") held by the Payee against {{debtor_name}}, residing at/registered at {{debtor_address}}, arising from {{description_of_underlying_claim_and_date}}.

GUARANTEE

The Issuer hereby irrevocably and unconditionally guarantees the due and punctual payment of the Claim by {{debtor_name}}. In the event that {{debtor_name}} fails to pay the Claim or any part thereof when due, the Issuer shall, upon written demand from the Payee, immediately pay to the Payee the outstanding amount of the Claim, up to the principal sum stated in this Promissory Note.

INTEREST

In the event that this Promissory Note is not paid in full on or before the Due Date, or upon demand, the outstanding principal sum, together with any unpaid interest, shall bear interest at a rate of {{interest_rate_percentage}}% per annum, calculated daily and compounded monthly, from the Due Date until the date of actual payment in full. Interest shall be calculated on the basis of a 365-day year.

PAYMENT

All payments due under this Promissory Note shall be made in {{currency}} in immediately available funds to the Payee at their registered address or such other account as the Payee may designate in writing. All payments shall be made free and clear of and without any deduction or withholding whatsoever, save as may be required by law.

DEFAULT

The occurrence of any of the following events shall constitute an event of default (hereinafter referred to as "Event of Default") under this Promissory Note:

a) Failure by the Issuer to pay any amount due hereunder on the Due Date or upon demand.

b) Any representation or warranty made by the Issuer herein proves to be false or misleading in any material respect.

c) The Issuer becomes insolvent, makes an assignment for the benefit of creditors, or files for bankruptcy or similar insolvency proceedings.

Upon the occurrence of an Event of Default, the entire outstanding principal sum, together with all accrued and unpaid interest and any other amounts payable hereunder, shall, at the option of the Payee, immediately become due and payable without presentment, demand, protest, or notice of any kind.

GOVERNING LAW AND JURISDICTION

This Promissory Note shall be governed by and construed in accordance with the laws of {{applicable_jurisdiction}}. Any dispute arising out of or in connection with this Promissory Note, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of {{applicable_jurisdiction}}.

WAIVER

No waiver of any term or condition of this Promissory Note, or any breach thereof, shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No waiver of any breach shall be deemed a waiver of any subsequent breach of the same or any other term or condition.

AMENDMENTS

No amendment, modification, or variation of this Promissory Note shall be valid unless reduced to writing and signed by both the Issuer and the Payee.

SIGNATURES

IN WITNESS WHEREOF, the Issuer has executed this Promissory Note as of the date first written above.

[Signature Line for Issuer]

___________________________

Name: {{issuer_signatory_name}}

Title: {{issuer_signatory_title}}

For and on behalf of {{issuer_name}}

Witnessed by:

[Signature Line for Witness 1]

___________________________

Name: {{witness_1_name}}

Address: {{witness_1_address}}

[Signature Line for Witness 2]

___________________________

Name: {{witness_2_name}}

Address: {{witness_2_address}}

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