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Guaranty Form
"I need an Australian Guaranty Form for a corporate guarantor to secure a $5 million business loan to be issued by ABC Bank Ltd to XYZ Manufacturing Pty Ltd, with the guarantee limit capped at $6 million including interest and costs."
1. Parties: Identifies the Creditor, Principal Debtor, and Guarantor(s)
2. Background: Sets out the context of the primary obligation and the purpose of the guarantee
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee and Indemnity: Core section detailing the guarantee obligations and indemnity provisions
5. Extent of Guarantee: Specifies the scope, limit, and nature of the guaranteed obligations
6. Guarantor's Obligations: Details specific obligations, representations, and warranties of the guarantor
7. Continuing Security: Establishes the guarantee as a continuing security until full discharge
8. Preservation of Rights: Protects creditor's rights in various scenarios including insolvency
9. Payments: Specifies payment obligations, timing, and method
10. Costs and Expenses: Addresses liability for costs related to the guarantee
11. General Provisions: Standard boilerplate clauses including notices, governing law, and jurisdiction
1. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a company, including corporate authority and financial covenants
2. Multiple Guarantors: Additional provisions for when there are multiple guarantors, including joint and several liability
3. Security Provisions: Provisions for when the guarantee is supported by specific security assets
4. Financial Covenants: Additional financial requirements imposed on the guarantor
5. Guarantee Limit: Section defining specific monetary or other limits on the guarantee liability
6. Priority Arrangements: Provisions dealing with priority between different guarantors or security holders
7. Independent Legal Advice: Acknowledgment and certification of independent legal advice for individual guarantors
1. Details of Guaranteed Obligations: Schedule listing the specific obligations being guaranteed
2. Guarantor Details: Complete details of guarantor(s) including addresses and contact information
3. Security Details: Description of any security assets supporting the guarantee
4. Form of Demand: Template form for making a demand under the guarantee
5. Independent Legal Advice Certificate: Certificate to be completed by the guarantor's independent legal advisor
6. Deed of Priority: If applicable, details of priority arrangements with other creditors
Authors
Principal Debt
Security
Guaranteed Documents
Event of Default
Creditor
Principal Debtor
Guarantor
Security Interest
Secured Money
Guarantee Period
Business Day
Claim
Corporations Act
Effective Date
Enforcement Event
Financial Indebtedness
Insolvency Event
Law
Material Adverse Effect
Notice
Permitted Security Interest
Related Entity
Security Provider
Taxes
Transaction Documents
Ultimate Balance
Working Capital
Authorisation
Relevant Documents
Independent Legal Advice Certificate
Guarantee Limit
Demand
Interest Rate
Payment Date
Security Trust Deed
Costs
GST
Security Property
Receiver
Payment Obligations
Representations and Warranties
Continuing Security
Principal Debtor Insolvency
Enforcement Rights
Assignment and Transfer
Independent Obligations
Costs and Expenses
Set-Off Rights
Limitation of Liability
Discharge and Release
Notices
Governing Law
Jurisdiction
Consideration
Amendments
Severability
Further Assurance
Entire Agreement
Waiver
Confidentiality
Counterparts
Time of Essence
Authority and Capacity
Preservation of Rights
Indemnification
Security Retention
Default Interest
GST
Joint and Several Liability
Banking and Financial Services
Real Estate
Commercial Lending
Construction
Manufacturing
Retail
Professional Services
Small Business
Corporate Finance
Property Development
Legal
Finance
Risk Management
Compliance
Commercial Operations
Credit Assessment
Corporate Services
Business Development
Treasury
Company Secretariat
Legal Counsel
Commercial Manager
Credit Manager
Risk Officer
Compliance Officer
Business Development Manager
Financial Controller
Chief Financial Officer
Banking Relationship Manager
Corporate Lawyer
Contract Administrator
Company Secretary
Credit Analyst
Loan Officer
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