Counter-guarantee Universal Version 5

Answer 1

Here are five general examples of counterguarantees:

** Counter-guarantee Agreement (I)**

Party A (guarantor):
Name: [Name of Party A]
[Party A's address]
Contact: [Contact number/email, etc.]

Party B (Counter-guarantor):
Name: [Name of Party B]
[Party B's address]
Contact: [Contact number/email, etc.]

In view of the fact that Party A has provided a guarantee for the debt of [Name of the Obligor] in [Name of the Master Debts Contract], Party B is willing to provide a counter-guarantee for Party A in order to protect the rights and interests of Party A. After friendly negotiation, the two parties have reached the following agreement:

I. The scope of counter-guarantee
1. All the money that Party A pays to the Creditors when performing the main debt guarantee responsibility, including but not limited to the principal, interest, penalty, etc.
2. Other expenses incurred by Party A due to the performance of the guarantee responsibility, such as legal fees, litigation fees, execution fees, etc.

Second, the method of counter-guarantee
Party B shall provide a counter-guarantee of joint and several responsibilities. That is, if Party A needs to assume any payment obligations to the Creditors due to the performance of the guarantee obligations, Party B shall unconditionally assume the joint and several payment obligations. The Creditors have the right to directly request Party B to perform all the payment obligations, and Party B shall not raise any objections.

III. Duration of Counter-guarantee
From the effective date of this Counter-guarantee Agreement to [X] years after Party A's guarantee obligations under the main debt guarantee contract are completely relieved.

IV. The rights and obligations of both parties
1. rights and obligations of party a
- Party A has the right to request Party B to provide documents and materials related to the counter-guarantee to ensure the effectiveness of the counter-guarantee.
- When Party B is required to perform the counter-guarantee responsibility, Party A shall promptly notify Party B in writing and provide relevant supporting documents.
- Party A shall perform the guarantee responsibility in good faith in accordance with the agreement of the main debt guarantee contract.
2. Party B's rights and obligations
- Party B has the right to know the performance of the main debt guarantee contract and the possibility of Party A performing the guarantee responsibility.
- Party B shall fulfill the counter-guarantee responsibility in a timely manner in accordance with the agreement of this Agreement. After receiving the written notice from Party A, it shall make payment or take other actions to fulfill the counter-guarantee responsibility within [the notice period, such as 10 working days].
- Party B shall provide Party A with true, accurate and complete financial and business information.

V. Liabilities for Breach of Contract
1. If Party B fails to perform the counter-guarantee responsibility in accordance with the agreement of this Agreement, Party B shall bear the responsibility for breach of contract, pay Party A a penalty equivalent to [X]% of the amount of guarantee responsibility that Party A has performed, and continue to perform the counter-guarantee responsibility.
2. If Party A violates the agreement and inappropriately requests Party B to perform the counter-guarantee responsibility, causing losses to Party B, Party A shall compensate Party B for the losses.

VI. Settlement of disputes
If any dispute arises during the performance of this agreement, both parties shall first resolve it through negotiation. If the negotiation fails, they may file a lawsuit in the people's court with jurisdiction.

VII. Other clauses
1. This agreement shall come into effect from the date of signature (or seal) by both parties. It shall be made in two copies, with each party holding one copy and having the same legal effect.
2. For matters not covered in this agreement, both parties may sign a supplementary agreement, which has the same legal effect as this agreement.

** Counter-guarantee Agreement (II)**

Counter-guarantor (Party A):
[Name of legal representative]
[Party A's address]

The guarantor (Party B):
[Name of legal representative]
[Party B's address]

In view of the fact that Party B has provided a guarantee for the debts in the [Name of Master Contract] signed between [Obligor] and [Creditor], Party A is willing to provide a counter-guarantee for Party B in order to ensure the rights and interests of Party B. Both parties have reached an agreement as follows:

I. Principal Creditor's Right of Counter-guarantee
The main credit right corresponding to this counter-guarantee agreement is the right of recovery enjoyed by Party B against the obligor after performing the guarantee responsibility for the obligor according to the agreement of the main contract.

II. Form of Counter-guarantee
1. Party A shall provide collateral counter-guarantee with the [name of property, such as specific real estate, vehicles, etc.] that it legally owns.
- Party A shall handle the mortgage registration procedures with Party B within [X] working days after the signing of this agreement to ensure that Party B's mortgage right is legal and effective.
- The value of the collateral shall not be less than [X] Yuan. If the value of the collateral is reduced during the counter-guarantee period, Party A shall provide additional guarantee measures or make up for the value of the collateral.
2. In addition to collateral counter-guarantee, Party A also provides joint and several responsibility counter-guarantee. That is, if Party B fails to recover from the obligor after fulfilling the guarantee responsibility, Party B has the right to directly request Party A to bear all the counter-guarantee responsibilities, and Party A shall not refuse for any reason.

Third, the scope of counter-guarantee
1. All the money paid by Party B to the Creditor due to the performance of the guarantee responsibility of the Master Contract, including but not limited to the debt principal, interest, penalty interest, compound interest, etc.
2. The reasonable expenses incurred by Party B for the performance of the guarantee responsibility, such as appraisal fee, auction fee, lawyer fee, litigation fee, etc.

IV. Period of Counter-guarantee
1. As for the counter-guarantee of the mortgage, it shall start from the date of completion of the mortgage registration and end on the date of [X] months after the termination of Party B's guarantee responsibility under the main contract.
2. For the counter-guarantee of the joint and several responsibility guarantee, it shall be effective from the date of effectiveness of this agreement to the date of [X] years after the termination of the guarantee responsibility of Party B under the main contract.

V. Obligations of both parties
1. Obligations of Party A
- truthfully disclose the status of the collateral to Party B, including but not limited to the ownership, whether there is any mortgage, attachment, and other restrictions on rights.
- Take good care of the collateral to ensure that its value will not be affected by damage or loss.
- At the request of Party B, provide documents and materials related to the counter-guarantee for review.
2. party B from its obligations
- After fulfilling the guarantee responsibility of the main contract, it shall notify Party A in time and provide relevant payment certificates and other supporting documents so that Party A can fulfill the counter-guarantee responsibility.

VI. Liabilities for Breach of Contract
1. If Party A fails to fulfill the obligations agreed upon in this agreement, such as not handling the mortgage registration, the collateral value reduction is not made up, etc., Party A shall bear the responsibility for breach of contract, pay the penalty of [X] Yuan to Party B, and bear all the losses suffered by Party B.
2. If Party B fails to timely notify Party A to perform the counter-guarantee responsibility or has other breach of contract, Party B shall pay Party A a penalty of [X] Yuan. If Party B causes any loss to Party A, Party B shall compensate for it.

VII. Settlement of disputes
Any dispute between the two parties during the performance of this agreement shall be settled through friendly negotiation. If the negotiation fails, either party has the right to file a lawsuit in the people's court where the collateral is located.

8. Other clauses
1. This agreement is a representation of the true intentions of both parties and is legally binding on both parties. Both parties shall strictly abide by it.
2. This agreement is made in [X] copies, with both parties holding [X] copies each, with the same legal effect.

** Counter-guarantee Agreement (III)**

Party A (Counter-guarantor):
Name: [Name of Party A]
ID Card Number: [Party A's ID Card Number]
Contact address: [Party A's address]
Contact number: [Party A's phone number]

Party B (guarantor):
Name: [Name of Party B]
[Party B's address]
Contact number: [Party B's phone number]

In view that Party B will assume the guarantee responsibility for the debts of [Name of the Obligor] in [Details of the Main Debts, such as the loan contract, etc.], Party A is willing to provide a counter-guarantee for Party B. After equal, voluntary and full negotiation, both parties enter into this counter-guarantee agreement:

I. The scope of counter-guarantee
1. All the amounts paid by Party B to the Creditor due to the performance of the guarantee, including but not limited to the loan principal, interest, late interest, penalty, damage compensation, etc.
2. The expenses incurred by Party B in order to realize the credit (namely, the right to recover from the obligor), such as travel expenses, communication fees, notaries fees, lawyer fees, litigation fees, etc.

Second, the method of counter-guarantee
Party A shall provide the pledge counter-guarantee with [specific amount] of its deposit in [specific financial institution name].
1. Party A shall deliver the deposit slip or other valid pledge certificates to Party B within [X] days after the signing of this agreement, and cooperate with Party B to handle the pledge registration procedures (if necessary).
2. During the pledge period, without the written consent of Party B, Party A shall not withdraw or dispose of the pledged deposit.

III. Duration of Counter-guarantee
Starting from the date when Party B actually performs the guarantee responsibility, until the date when the limitation of time for Party B's right of recovery expired.

IV. The rights and obligations of both parties
1. Party A's rights and obligations
- Party A has the right to know the performance of the debts of the obligor and the possibility of the performance of the guarantee responsibility of Party B.
- Party A shall ensure the authenticity, legitimacy and effectiveness of the pledged deposit. If the pledge is invalid due to Party A's reasons, Party A shall bear all legal responsibilities.
- When Party B exercises the pledge right, Party A shall actively cooperate and not set up any obstacles.
2. Party B's rights and obligations
- Party B has the right to dispose of the pledged deposit in accordance with the law to realize its own credit under the conditions stipulated in this agreement.
- After performing the guarantee responsibility, Party B shall promptly notify Party A and exercise the pledge right in accordance with the legal procedures.

V. Liabilities for Breach of Contract
1. If Party A violates the agreement, withdraws or disposes of the pledged deposit without authorization, or fails to fulfill other obligations agreed upon in this agreement, Party A shall pay Party B a penalty equivalent to [X]% of the pledged deposit amount and compensate Party B for all the losses incurred.
2. If Party B fails to exercise the pledge right in time according to the agreement or has other breach of contract, Party B shall pay Party A a penalty of [X] Yuan. If Party B causes any loss to Party A, Party B shall compensate for it.

VI. Settlement of disputes
If any dispute arises during the performance of this agreement, both parties shall resolve it through negotiation. If the negotiation fails, the parties may file a lawsuit in the people's court where Party B is located.

VII. Other clauses
1. This agreement shall come into effect from the date of signature (or seal) by both parties. It shall be made in two copies, with each party holding one copy and having the same legal effect.
2. The matters not covered in this agreement can be supplemented by both parties through negotiation. The supplementary agreement has the same legal effect as this agreement.

** Counter-guarantee Agreement (IV)**

Party A (Counter-guarantor):
Company Name: [Company Name of Party A]
[Name of legal representative]
[Party A's address]
Business license registration number: [registration number]

Party B (guarantor):
Enterprise Name: [Name of Party B's Enterprise]
[Name of legal representative]
[Party B's address]
Business license registration number: [registration number]

Whereas Party B has provided guarantee for the debts of [the name of the obligor's enterprise] in [the main debt contract, such as the commercial loan contract, etc.], and Party A is willing to provide counter-guarantee for Party B. After friendly negotiation, both parties have reached the following agreement:

I. Principal Creditor's Right and Range of Counter-guarantee
1. The main credit is the right of recovery enjoyed by Party B against the obligor after Party B has fulfilled the guarantee responsibility to the obligor.
2. The scope of counter-guarantee includes but is not limited to the principal, interest, penalty interest, compound interest, penalty, damage compensation, and all the expenses paid by Party B to realize the right of recovery, such as lawyer fees, litigation fees, evaluation fees, auction fees, etc.

Second, the method of counter-guarantee
Party A shall provide an irreversible counter-guarantee of joint and several responsibilities. That is, regardless of whether the obligor has the ability to pay off, after Party B performs the guarantee responsibility, Party B has the right to directly request Party A to assume the counter-guarantee responsibility. Party A shall unconditionally pay all the compensation and related expenses to Party B within [X] working days after receiving the written notice of compensation from Party B.

III. Duration of Counter-guarantee
From the effective date of the main contract where Party B provides guarantee for the obligor to the date of the expiration of two years after Party B's guarantee responsibility under the main contract is completely relieved.

IV. The rights and obligations of both parties
1. rights and obligations of party a
- Party A has the right to request Party B to provide copies of the main contract and guarantee contract so as to understand the relevant debts and guarantees.
- Party A shall fulfill the counter-guarantee responsibility in a timely manner in accordance with the agreement of this agreement. If Party A fails to fulfill the contract on time, it shall pay Party B a penalty of [X]% of the amount that has not been fulfilled, and continue to fulfill the counter-guarantee responsibility.
- Party A shall provide Party B with the financial statements and other information of the enterprise on a regular basis so that Party B can assess the risk of counter-guarantee.
2. Party B's rights and obligations
- Party B has the right to request Party A to provide all kinds of documents and materials needed for counter-guarantee, and to investigate Party A's financial status and business situation.
- After performing the guarantee responsibility, Party B shall promptly send a written notice of compensation to Party A and provide relevant supporting documents for compensation.

V. Liabilities for Breach of Contract
1. If Party A fails to fulfill the counter-guarantee responsibilities stipulated in this agreement, in addition to paying the penalty, it shall also bear all the expenses incurred by Party B in recovering the compensation, including but not limited to legal fees, litigation fees, etc.
2. If Party B fails to issue a notice of compensation or provide relevant supporting documents to Party A in a timely manner in accordance with the provisions of this Agreement, resulting in Party A failing to fulfill the counter-guarantee responsibility in a timely manner, Party B shall bear the corresponding losses.

VI. Settlement of disputes
If any dispute arises during the performance of this agreement, both parties shall first resolve it through friendly negotiation. If the negotiation fails, the parties may file a lawsuit in the people's court of the place where the contract is signed.

VII. Other clauses
1. This agreement shall come into effect from the date of signature (or seal) by both parties. It shall be made in two copies, with each party holding one copy and having the same legal effect.
2. If there are any matters not covered in this agreement, both parties may sign a supplementary agreement, which has the same legal effect as this agreement.

** Counter-guarantee Agreement (V)**

Party A (Counter-guarantor):
Name: [Name of Party A]
[Party A's address]
Contact: [Contact number/email, etc.]

Party B (guarantor):
Name: [Name of Party B]
[Party B's address]
Contact: [Contact number/email, etc.]

In view of the fact that Party B has provided a guarantee for the debts in the [Master Contract No. and Name] signed between [Obligor Name] and [Creditor Name], Party A is willing to provide a counter-guarantee for Party B in order to protect the legal rights and interests of Party B. Both parties have reached an agreement as follows:

I. The scope of counter-guarantee
1. All the money paid by Party B to the Creditor due to the performance of the guarantee, including but not limited to the principal, interest, penalty, damages and other expenses (such as legal fees, litigation fees, execution fees, etc.).
2. Other economic losses that Party B may suffer due to the breach of contract by the obligor, such as the potential economic losses caused by the damage to Party B's credit due to the late repayment of the obligor.

Second, the method of counter-guarantee
1. Party A shall provide a pledge counter-guarantee with its own [asset description, such as specific equipment, equity, etc.].
- Party A shall complete the delivery of the Pledge and the relevant registration procedures (if necessary) with Party B within [X] working days after the signing of this Agreement.
- During the period of pledge, Party A shall ensure that the pledge is in good condition and accept Party B's regular inspection. If the value of the Pledge is reduced, Party A shall provide supplementary guarantees or take other measures to protect the rights and interests of Party B according to Party B's requirements.
2. At the same time, Party A will provide a joint and several guarantee. That is, if Party B encounters difficulties in recovering from the obligor after fulfilling the guarantee responsibility, Party B has the right to directly request Party A to bear all the counter-guarantee responsibilities, and Party A shall immediately fulfill the payment obligation without shirking.

III. Duration of Counter-guarantee
From the effective date of this agreement to the date when Party B's guarantee responsibility under the main contract is completely relieved and the time limit for Party B's right of recovery against the obligor has expired.

IV. The rights and obligations of both parties
1. rights and obligations of party a
- Party A has the right to supervise the performance of the debts of the obligors and request Party B to provide information on the performance of the guarantee obligations.
- Party A shall actively perform the counter-guarantee responsibility in accordance with the agreement of this agreement. At the request of Party B, it shall provide relevant documents and materials related to the counter-guarantee in a timely manner.
- If there is any change in Party A's contact information or business situation, Party A shall notify Party B within [X] working days after the change.
2. Party B's rights and obligations
- Party B has the right to exercise the pledge right of the pledged goods or request Party A to perform the joint and several guarantee and counter-guarantee responsibilities when necessary in accordance with the agreement of this agreement.
- After Party B performs the guarantee responsibility, it shall promptly notify Party A and provide Party A with relevant compensation documents.

V. Liabilities for Breach of Contract
1. If Party A fails to perform the counter-guarantee responsibility in accordance with the agreement of this Agreement, Party A shall bear the responsibility for breach of contract, pay Party B a penalty equivalent to [X]% of the compensation amount of Party B, and continue to perform the counter-guarantee responsibility. If Party B suffers other losses due to Party A's breach of contract, Party A shall compensate for it.
2. If Party B fails to timely notify Party A to perform the counter-guarantee responsibility in accordance with the agreement of this Agreement or has faults in the process of exercising its rights, Party B shall pay Party A a penalty of [X] Yuan. If Party B causes any loss to Party A, Party B shall compensate for it.

VI. Settlement of disputes
If any dispute arises during the performance of this agreement, both parties shall resolve it through negotiation. If the negotiation fails, the parties may file a lawsuit or arbitration in [the agreed court of jurisdiction or arbitration institution].

VII. Other clauses
1. This agreement is made in two copies, with each party holding one copy and having the same legal effect.
2. This agreement shall come into effect on the date of signature (or seal) by both parties. After this agreement comes into effect, if the oral or written agreement reached by both parties in the relevant matters of this agreement is inconsistent with this agreement, this agreement shall prevail.
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