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Guarantee and Indemnity Ifo Inyass Mai Shadda - Page-0001

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41 views8 pages

Guarantee and Indemnity Ifo Inyass Mai Shadda - Page-0001

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(GUARANTEE AND INDEMNITY) (BY INDI’ VIDUALS/CORPORA TES) {BARA Lawns [Tepes MP I06) Pireppawses To STERLING BANK LTD accounr or: OO8CIS¢EEF GUARANTEE (By Individuals/Corporates) This Guarantee should be returned to the Bank duly executed. ror STERLING BANK LTD ("The Bank") in Consideration of your making advances, granting Banking facilities accommodttivi. oF otherwise giving credit to: Leeman LAwn.[THgass May SHADDA GLOBRL ENTCRs {We the undersigned hereby guarantee to you the payment ef, and undertake vi ‘demand tn writing made on the undersigned by you or any of your officers to pay to yov, all sums of money which may be due or owing to you however from or by the custome, either as principal or surety or elther solely or jointly with any other person upon th Customers current, er Loan, overdraft and any other account whatsoever which my ‘established upon the grant of this facility, including all bank charges or expenses. This Guarantee is to be a continuing Security for the whole debt on any account oF u any monies whatsoever due from the Customer either alone or jointly, together with ull interest thereon and other banking charges including Legal costs and expenses, This guarantee shall be deemed to continue due and owing natwithstending the deuth v1 bankruptcy oF liquidation of the Customer and, (a) and all sums which would have been owing to you by the Customer if death ju occurred oF such bankruptey oF liquidation had commenicdd at the time whicn you received actual notice thereof and notwithstanding such death, barikruptcy 01 liquidation (0) all moneys obtained from or liabilities incurred to you notwithstanding that borrowing or the incurring of such liabilities may be invalid oF in excess of in Powers of the Customer or of any Director, Attorney, Agent or other persus Purporting to borrow or act on behalf of the Customer and notwithstanding other irregularity in the incurring of such liabilities. (6) all cheques, orafts, bil, notes. and negotiable instruments: drawn by OF (0 ti account of the Customer on you or your Agents and dated on or berore any note Of discontinuance of this Guarantee is received by you although presented 10 OF Paid by you or your Agents after that date and all iabiltics of Customer (9 you at such date whether payable forthwith or at some future ti ‘ond also credits then established by you for the Customer, ‘This Guarantee ‘shal be binding on our executors, Administrators/Persoi.4 “epresentalives, so tnat should {any of us (guarantors) dle during the Currency of th: Guarantee, the bunk needs not rule off the principals Account, 19 Security binding on me/us until the expiraliv from me/us of notice in writing ‘me/us to you shall have been paid by (ny twithstanding any change in the nam, sti Of three months after the receipt by you discontinue it and all moneys due from (0 you at the expiration of such notice and not OF constitution of the Customer. 5 The Guarantee shall be determined and the tabitty hereunder cerystallived) “xpiration of tree calendar months after the receipt by you from the undersig Notice in writing to determine it (but notwithstanding the determination as to more of the undersigned, the Guarantee is to remain in to the other (s)), atu ned ut one vs force as a Continuing Security in the event of this Guarantee ceasing for any cause whatsoever to be 3 continuing Security on me/us you shall beat liberty without thereby afte {Hohts hereunder to open a fresh account or accounts and to continue Sccount with the Customer and no moneys paid from time to tine i bineing tiny You any existiny into any suc; Sceovnt OF accounts by oF on behalf Of the Customer and subsequently a by the Customer shall on settlement of any claim in respect of this appropriated \owards or have the effect of pa from the Guarantee ts ment of any part of the muinys du Sustomer at the time of this Guarantee ceasing to be thereon utiles Perscn or Persons paying in such moneys shall at the time in writing dive Speciolly to appropriate the sum to that purpose, ty § The Bank may assign this Guarantee oF any of ts rights and powers hereunder, ‘wih all oF 2ty of the obligations hereby guaranteed, and may assign and/or Uelver ta any Such atsignes, the security collateral Neréto and, in the event ot Such assignment, the assignee hereof shall have the same rights and weineview IT eriginally named herein in place of the Bank, end the Benk shall be thercdlte, {uly discharged from ail responsibilty with respect to any such security so ‘assigned and/or delivered, z 1f the Customer is an infant ar under a disability or ts an unincorporated bow ‘hich is under no Jagat \iabitty to discharge obligations undertaken or Purported tu Undertaken on its behalf this Guorantee shall be binding on ime/us in respect of Uc obligations to you as if We constituted the priricipal debtor, {f this guarentee is given in respect of the tabiltés of a firm, it shall apply w wi moneys borrowed and Habiies incurred until receipt by you of actual notien y) Sssolution of the firm but there shal be any other change in the constitut ion ot firm the guarantee stall continue and in addition to securing the debts and liabilities Ihe firm @s constituted before the change shall apply to the debts and ltabilties oi cr firm as constituted after such change. No assurance, security or payment which may be avoided under any tivactinent ‘stating to bankruptcy or to the winding up of companies or incorporated budivs and 1 ‘lease, settlement or discharge which may have been given or made on the fai Suci assurance, security or payment shall prejudice or affeet your right to recover tru, ‘me/us Lo the full extent of — this Guarantee, 10- You may ot any Gime without prejudice to this Guarantee and without dischor ghiy or in any way affecting my/our liability hereunder: (@) determine, vary or increase any credit to the Customer. Of a {0) In the case of credits oF facies provided for two or more purposes of « differ cheracter vary the proportions of the respective credits oF facilities allocated. applied for different purposes. (9 grant to the Customer any indulgence. (@) ‘anew any bills, notes or other negotiable securities, 1 13 (©) deal with, exchange, release, modify or abstain from perfecting oF enforcinw sw. Securities oF other guarantees or rights which you may now or hérwalter tus from or against the Customer or any other person. (9 compound with the Customer or with any other person or guarantor, (9) Subsequently obtain other persons to enter Into @ guarantee in the terms herwot This Guarantee shall not be affected by any failure on your part to take auy Security oF by the invalidity of any security taken or by any existing or future agree by you as to the application of any advances made or to be made to the Custom’. So long as ny moneys remain owing hereunder you shall have a lise upon via ‘an Immediate right of set-off against me/us whether on any current, deposit, domuciti or other account, Any money received hereunder may be placed and kept to the credit of a susp account for so long as you think fit without any obligation in the mean time to pp Same oF any part thereat in oF towards discharge of any money or liabilities due incurred by the Cusiomer to you. Notwithstanding any such payment in the event of any proceedings, in oF anulugus. |. bankruptcy, liquidation, composition or arrangement you may prove for and agree \ accept any dividend or composition in respect of the whole oF any part of such mane ‘and liabilities in the same manner as if this Guarantee had not been given, Until all maneys and Habilties incurred by the Customer to you shall have bes ald or discharged, I/We will not by paying off any sum recoverable hereunder or by a ‘other means or on any other ground claim any set-off or eounter-claim aguinst tix ‘Customer or claim oF prove in competition with you in respect of any customer or i: heir(s) or estate or successors-in-titke or assigns or the benefit of any other secur, ‘which you may now or hereafter hold for any money or liabilities due or incuired by tl Customer to you or to have any share therein. Any notice or demand hereunder shail be deemed to be sufficiently given it Sci by pre-paid letter posted to my/our address stated hereon and shall be assumud to favs reached the addresses within 7 days of postage. A certificate by an Officer of the Bank as to the sum for the time being owing |. you by the Customer shall be conclusive evidence in any legal proceedings against us, m DATED his a This Guarantee stial! be in addition to any other Guarantee oF security lor Li. Customer which you may now or hereafter hold whether from me/us oF from any otlic: person and on discharge by payment or otherwise shall remain your property. The expressions *The Bank’, *The Customer’ and ll references to Us uarantors whenever used or made herein shall extend to the successors, ussign: personal representatives, executors and administrators (whichever may be applicable) vi same and where the context allows, the expression "security " shall be deemed tu inclu @ judgment, specialty, guarantee; indemnity, negotiable and other instruments iw securities of every kind. This guarantee is Governed by Nigerian Law and we agree to submit w ti. Jurisdiction and competence of the Nigerian Courts and Tribunals in ali matters pertain thereto but with (ull Nberty for the Bank to resort to the courts of any other county which jurisdiction may exist or be established, 1/We hereby acknowledge a copy of this guarantee entered into by me whit: have read and understood. DE any ot AMAGUST. 208, » Signed oy: en so the raemnee Signature of Guarantor vnawe: LBBAH/N), A WAL voness:NOL.Kasiaen. Berets woos: 16 Sta Phen road by Herbs ved. tude od hidng AQASA Kaduna ee vuvone number: SOSSIS29GLL, wWRAATRU CCE GUARANTOR’S SWORN STATEMENT OF PERSONAL NeTWoRTH AIIDEY ATTACH ONE PASSPQST PHOTOGRAPH AND PHOTOCOPIES OF RELEVANT DOCUMENTS) ce wate TL fn Sutcrn, B: 1080 fidlem indie Kang eccurarion clede pviveibotee tei Oeste TANKS: ACCOUNTS (WITH NUMBERS) MAINTAINED BY THe GUARANTOR In Oth (is EITEEELY, QEERS 06: /SOPERTY OWNED BY GUARANTOR: = | DESCRIPTION | Location ee VALUt | TITLE) ip, eoTIATEDI I us ee reid paces a 900, 07> i 203 fe by a 6,000 66 Tegein Corea ato) aay fon £300, wo ER ASSETS; VESCRIPTION | Location "| PARTICULARS | VALUE " {cestimaren/aciun) | | sane or cusronen:./BBABIN “Ait. TIE chien toay ee DECLARATION Jemnaty sieforrnelion disclosed by me herein in this statemon| is i Lene ny sleting Bank Plc. agains! any loss whalsoever inert ining to alter my position as described heron aun dssilole Creve CMigation due to the Bonk. l Iulue cece x essilaie encumtranes of m: Ga 16 any ery paler eh enelimbrance « ' ealed without you prot wiilien con Aol agi. heumbrance or should such encumbrance be he Bank's price v1 ent. all my obligations to Paid of Wise immediatoly in lui a “IGNATURE OF GUARANTOR vectaredat 22 this 220) aay ot Auucuer WORN TO BEFORE ME Conmnssionen ron OATH/NOTARY PUBLIC Thes That Deument os Oy & Lavy Fighied By A Exec And Formaly Sapo (O FSO,

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