国外担保协议样本(英文版).doc

SURETYSHIP AGREEMENT SAMPLE : Malaysia North-South Expressway Company (Debtor) AND : the government (Surety), jointly and severally bind themselves to pay $ 1.8 billion amount to the lending bank (Creditor) due under contract total length of 512km highway whether in seven years to be completed on schedule.Describe contract:1. The condition of this obligation is such, that if above bonded Debtor perform the covenants, conditions and agreements in said contract, then this obligation shall become null and void, otherwise it shall be and remain in full force.2. Neither the Contract nor this Agreement shall be assigned, changed or modified without the written consent of Surety.3. Surety is responsible to pay amount due under Contract including loss, damages and interests not exceeding above-mentioned amount.4. Payments due under this Agreement shall be paid upon written notice of Creditor supported by evidence of Debtors default.5. The Surety shall pay amount due no later than 30 days after the giving notice of default.6. The Creditor shall exercise normal prudent business practices and shall apply reasonable efforts to mitigate possible losses under the Contract. Suretys obligations shall be released and void upon the failure of Creditor to properly perfect its security interests in collateral and to maintain the validity of security interest in the collateral.7. Upon and to the extent the Surety has made payment under this Agreement, Surety shall be subrogated to all of the Creditors rights against the Debtor and collateral and any other person liable to Creditor as a result of the default by Debtor.The execution by the Creditor of a release or waiver of the right to collect liabilities shall equally release the Surety from any further obligation under this Agreement.8. The Creditor shall upon and to the extent of payment execute all documents required to assign the Contract rights and collateral to the Surety.9. This surety agreement shall be construed and enforced under the laws ofLithuanian Republic.OthermunicipalchargeswhichcanbecomealienagainstthemortgagedpremisescanbepaidbyLenderwhendue.Thisprovisionshallbeeffectiveonlyintheeventthatafundforthesamepurposeisnotrequiredtobeestablishedbytheholderofaseniormortgage.IntheeventthatBorrowerfailstocarryoutthecovenantsandagreementssetforthherein,theLendermaydoandpayforwhateverisnecessarytoprotectthevalueofandtheLendersrightsinthemortgagedpropertyandanyamountsso paidshallbeaddedtothePrincipalSumduetheLenderhereunder.4.Asadditionalsecurityhereunder,BorrowerherebyassignstoLe