The Loan Guarantor Agreement is a critical document in Australian lending arrangements where additional security is required for a loan facility. This agreement is commonly used when a lender requires extra assurance beyond the borrower's commitments, typically in situations involving business loans, property purchases, or when borrowers have limited credit history. The document must comply with strict Australian regulatory requirements, including the National Consumer Credit Protection Act 2009 and the Australian Securities and Investments Commission Act 2001. The agreement details the guarantor's obligations, enforcement mechanisms, and important consumer protections. It's essential for securing financing while protecting all parties' interests through clear documentation of rights, obligations, and limitations of the guarantee.
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1. Parties: Identifies all parties to the agreement including the guarantor(s), lender, and borrower
2. Background: Sets out the context of the guarantee, including reference to the primary loan agreement and the borrower's obligations
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Guarantee and Indemnity: Core section establishing the guarantee obligations and indemnification provisions
5. Extent of Guarantee: Defines the scope and limitations of the guarantee, including maximum liability
6. Nature of Guarantee: Specifies that the guarantee is continuing, unconditional, and irrevocable
7. Guarantor Acknowledgments: Contains statutory and general acknowledgments by the guarantor regarding their obligations and understanding
8. Payment Obligations: Details when and how the guarantor must make payments upon default by the borrower
9. Representations and Warranties: Guarantor's confirmations about their financial position, legal capacity, and understanding
10. Protection of Lender Rights: Provisions preserving the lender's rights and remedies
11. Default and Enforcement: Specifies events of default and the lender's enforcement rights
12. Expenses and Stamp Duty: Addresses payment of costs, charges, and duties related to the guarantee
13. Notices: Specifies how formal communications between parties should be made
14. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and severability
15. Execution: Formal signing section with attestation requirements
1. Security Provisions: Required when specific assets are being provided as security for the guarantee
2. Multiple Guarantors: Required when there is more than one guarantor, addressing joint and several liability
3. Independent Legal Advice: May be required by some lenders or in high-risk situations, documenting that the guarantor received independent advice
4. Guarantee Limitation: Used when the guarantee is limited to a specific amount or time period
5. Priority Arrangements: Required when there are multiple creditors or security interests involved
6. Release and Discharge: Specific provisions about when and how the guarantor can be released from obligations
7. Financial Covenants: Used when the guarantor must maintain certain financial positions or ratios
8. Power of Attorney: Optional provisions granting the lender power of attorney in certain circumstances
1. Schedule 1 - Loan Agreement Details: Summary of the key terms of the underlying loan agreement being guaranteed
2. Schedule 2 - Guarantor Details: Personal or corporate information about the guarantor(s) and contact details
3. Schedule 3 - Security Details: Description of any security being provided, including property or asset details
4. Schedule 4 - Guarantee Limitations: Any specific limitations on the guarantee amount or scope
5. Appendix A - Independent Legal Advice Certificate: Certificate from legal advisor confirming advice given to guarantor
6. Appendix B - Guarantor Solvency Statement: Declaration of the guarantor's financial position and solvency
7. Appendix C - Consent Forms: Any required consent forms, including spouse consent if applicable
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