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Guarantee And Indemnity Form
"I need a Guarantee and Indemnity Form for my company's loan agreement with ABC Bank Limited, where two company directors will act as personal guarantors for a business loan of $500,000, to be executed by March 2025."
1. Parties: Identifies all parties to the guarantee, including the guarantor(s), the creditor/beneficiary, and the principal debtor
2. Background: Sets out the context of the guarantee, including details of the primary obligation being guaranteed
3. Definitions: Defines key terms used throughout the document for clarity and legal certainty
4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnity provisions
5. Scope of Guarantee: Specifies exactly what obligations are covered by the guarantee and any limitations
6. Duration and Enforcement: Specifies when the guarantee comes into effect and how long it remains valid
7. Payment Obligations: Details the circumstances triggering payment obligations and payment terms
8. Representations and Warranties: Statements of fact and promises made by the guarantor regarding their capacity and authority
9. Continuing Security: Confirms the ongoing nature of the guarantee until all secured obligations are fulfilled
10. Protection of Rights: Provisions protecting the creditor's rights and remedies under the guarantee
11. Execution: Formal requirements for signing and witnessing the document
1. Multiple Guarantors: Additional provisions for when there are multiple guarantors, including joint and several liability
2. Corporate Guarantor Provisions: Special provisions required when the guarantor is a company rather than an individual
3. Property Security: Additional provisions when the guarantee is secured against specific property
4. Financial Covenants: Financial requirements or restrictions imposed on the guarantor
5. Independent Legal Advice: Acknowledgment of receiving independent legal advice, particularly important for individual guarantors
6. Guarantee Limit: Optional cap on the guaranteed amount
7. Foreign Currency Provisions: Required when the guaranteed obligation is in a different currency
8. Assignment and Transfer: Provisions allowing the guarantee to be assigned or transferred
1. Details of Guaranteed Obligations: Schedule listing specific debts, facilities, or obligations covered by the guarantee
2. Security Details: Details of any assets or property provided as security
3. Guarantor Information: Personal or corporate information about the guarantor(s)
4. Certificate of Independent Legal Advice: Formal certification that the guarantor received independent legal advice
5. Deed of Priority: Where multiple securities exist, details of their relative priorities
Authors
Guaranteed Money
Guaranteed Obligations
Principal Agreement
Principal Debtor
Guarantor
Creditor
Security
Default
Enforcement Event
Insolvency Event
Business Day
Liability
Demand
Security Interest
Encumbrance
Claim
Loss
Indemnified Amount
Related Entity
Authorised Officer
Confidential Information
Costs
GST
Interest Rate
Payment Date
Secured Property
Power of Attorney
Relevant Documents
Permitted Security Interest
Payment Obligations
Nature of Guarantee
Continuing Security
Independent Obligations
Warranties and Representations
Default and Enforcement
Protection of Rights
Discharge and Release
Set-Off Rights
Assignment and Transfer
Notices
Expenses and Stamp Duty
Legal Advice
Confidentiality
Governing Law and Jurisdiction
Joint and Several Liability
Waiver of Rights
Powers of Attorney
GST
Execution
Definitions and Interpretation
Recourse and Recovery
Priority
Severability
Amendment
Time of the Essence
Further Assurance
Banking and Financial Services
Real Estate and Property
Construction
Commercial Lending
Retail
Manufacturing
Professional Services
Small Business
Corporate Services
Infrastructure
Legal
Finance
Risk and Compliance
Commercial
Credit Management
Corporate Services
Business Development
Operations
Property Management
Contract Administration
Legal Counsel
Contract Manager
Credit Manager
Risk Manager
Commercial Manager
Finance Manager
Company Secretary
Compliance Officer
Business Development Manager
Account Manager
Chief Financial Officer
Legal Administrator
Banking Relationship Manager
Property Manager
Corporate Lawyer
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