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Guaranteed Payment Agreement
"I need a Guaranteed Payment Agreement for my manufacturing company to secure payments from a new distributor, with my parent company acting as guarantor for a 12-month supply contract starting March 2025, with monthly payment terms of AUD 50,000."
1. Parties: Identification of the Guarantor, Principal Debtor, and Beneficiary
2. Background: Context of the guarantee, including reference to the underlying payment obligation
3. Definitions: Key terms used throughout the agreement, including Payment Obligation, Guaranteed Sum, Demand Notice
4. Guarantee and Indemnity: Core guarantee obligations, including scope of guarantee and indemnity provisions
5. Payment Terms: Conditions for payment, timing, and method of payment under the guarantee
6. Demand Requirements: Process and formalities for making a valid demand under the guarantee
7. Representations and Warranties: Key statements and assurances from the Guarantor
8. Continuing Security: Provisions establishing the guarantee as a continuing obligation
9. Protection of Rights: Preservation of the Beneficiary's rights and remedies
10. Costs and Expenses: Allocation of costs related to the guarantee and its enforcement
11. Notices: Communication requirements and contact details
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and amendments
13. Execution: Formal execution blocks and attestation requirements
1. Security: Include when the guarantee is secured by specific assets or security interests
2. Multiple Guarantors: Required when there is more than one guarantor, addressing joint and several liability
3. Corporate Guarantor Provisions: Include when the guarantor is a corporation, addressing corporate capacity and authority
4. Priority and Subordination: Include when there are multiple creditors or security interests requiring priority arrangements
5. Independent Legal Advice: Include when required by law or prudent practice, particularly for individual guarantors
6. Financial Covenants: Include when ongoing financial requirements are imposed on the Guarantor
7. Review and Reduction: Include when the guaranteed amount may be reviewed or reduced over time
1. Schedule 1 - Payment Obligation Details: Details of the underlying payment obligation being guaranteed
2. Schedule 2 - Demand Notice Form: Prescribed form for making a valid demand under the guarantee
3. Schedule 3 - Security Details: Description of any security provided (if applicable)
4. Appendix A - Legal Opinion: Format for required legal opinions (if applicable)
5. Appendix B - Financial Reporting Requirements: Templates and requirements for financial reporting (if applicable)
Authors
Applicable Law
Authorisation
Beneficiary
Business Day
Claim
Corporations Act
Default
Default Interest Rate
Demand Notice
Effective Date
Enforcement Action
Event of Default
Expiry Date
Financial Indebtedness
Government Agency
Guarantee
Guarantee Period
Guaranteed Amount
Guaranteed Obligations
Guarantor
Insolvency Event
Law
Legal Costs
Losses
Material Adverse Effect
Notice
Obligations
Payment Date
Payment Obligation
Permitted Security Interest
Principal Debtor
Principal Agreement
Recovery
Related Body Corporate
Related Entity
Relevant Documents
Security
Security Interest
Taxes
Underlying Agreement
Payment Obligations
Demand Requirements
Security
Representations and Warranties
Continuing Obligation
Independent Obligation
Default and Enforcement
Set-off Rights
Assignment and Transfer
Costs and Expenses
Taxes and Duties
Notices
Confidentiality
Force Majeure
Severability
Waiver
Amendment
Further Assurance
Entire Agreement
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Termination
Release and Discharge
Subrogation Rights
Limitation of Liability
Time of the Essence
Attorney Appointment
Banking and Financial Services
Real Estate and Property
Construction
Manufacturing
Retail
Infrastructure
Mining and Resources
Professional Services
Technology
Import/Export
Telecommunications
Legal
Finance
Treasury
Risk Management
Compliance
Commercial Operations
Credit Control
Corporate Secretariat
Business Development
Contract Administration
Chief Financial Officer
Finance Director
Legal Counsel
Commercial Director
Credit Manager
Risk Manager
Treasury Manager
Contracts Manager
Company Secretary
Financial Controller
Account Executive
Business Development Manager
Compliance Officer
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