Contract Of Indemnity And Guarantee Template for New Zealand

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Key Requirements PROMPT example:

Contract Of Indemnity And Guarantee

"I need a Contract of Indemnity and Guarantee for three corporate guarantors jointly guaranteeing a $5 million business loan to be issued on March 1, 2025, with specific provisions for the technology sector and cross-border transactions between Australia and New Zealand."

Document background
The Contract of Indemnity and Guarantee is a crucial legal instrument in New Zealand's commercial landscape, designed to provide security and risk mitigation in various business transactions. This document is commonly used when a creditor requires additional security beyond the principal debtor's promise to pay or perform obligations. It's particularly relevant in situations involving loans, leases, supply agreements, or other commercial arrangements where one party seeks assurance of performance or payment. The agreement must comply with New Zealand's legal requirements, including those set out in the Contract and Commercial Law Act 2017 and related legislation. The document typically includes detailed provisions about the scope of the guarantee, enforcement mechanisms, and the rights and obligations of all parties involved. It's essential for businesses and individuals engaging in significant financial or commercial transactions where additional security is required.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement - the creditor, principal debtor, and guarantor/indemnifier

2. Background: Explains the context of the guarantee/indemnity, including the underlying transaction or obligation being guaranteed

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Guarantee and Indemnity: Core section detailing the guarantee and indemnity obligations, including the scope and extent of the guarantor's liability

5. Nature of Guarantee: Specifies whether the guarantee is continuing, unconditional, or limited, and whether it's joint and several if multiple guarantors

6. Principal Debtor's Obligations: Outlines the obligations of the principal debtor that are being guaranteed

7. Guarantor's Representations and Warranties: Statements and assurances made by the guarantor regarding their capacity and authority

8. Enforcement and Recovery: Details the creditor's rights and processes for enforcing the guarantee and recovering amounts due

9. Preservation of Rights: Maintains the creditor's rights in various circumstances, including bankruptcy or default

10. Costs and Expenses: Addresses responsibility for legal and other costs related to the guarantee

11. Governing Law and Jurisdiction: Specifies New Zealand law as governing law and establishes jurisdiction for disputes

Optional Sections

1. Security: Include when the guarantee is supported by specific security arrangements or assets

2. Interest Provisions: Include when interest is chargeable on guaranteed amounts

3. Multiple Guarantors: Include when there are multiple guarantors to address joint and several liability

4. Assignment and Transfer: Include when parties need the ability to assign or transfer their rights under the guarantee

5. Limitation of Liability: Include when the guarantee is to be limited to specific amounts or circumstances

6. Corporate Guarantor Provisions: Include when the guarantor is a company, addressing corporate authority and representations

7. Priority and Subordination: Include when there are multiple creditors or security interests requiring prioritization

8. Release and Discharge: Include when specific conditions for release of the guarantor need to be detailed

Suggested Schedules

1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed, including amounts, terms, and conditions

2. Schedule 2 - Security Details: Details of any security provided in support of the guarantee, including asset descriptions and values

3. Schedule 3 - Guarantor Information: Detailed information about the guarantor(s), including contact details and financial information

4. Schedule 4 - Principal Debtor Information: Details about the principal debtor and the underlying transaction or obligation

5. Appendix A - Form of Demand: Standard form for making demands under the guarantee

6. Appendix B - Compliance Certificate: Template for periodic confirmation of compliance with guarantee terms if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Real Estate and Property

Construction and Infrastructure

Commercial Lending

Retail

Manufacturing

Professional Services

Agriculture

Technology

Healthcare

Education

Transport and Logistics

Relevant Teams

Legal

Finance

Credit Management

Risk Management

Compliance

Treasury

Commercial Operations

Business Development

Account Management

Debt Recovery

Corporate Governance

Contract Administration

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Risk Manager

Commercial Lawyer

Legal Counsel

Contract Manager

Business Development Manager

Account Manager

Treasury Manager

Compliance Officer

Company Secretary

Financial Controller

Credit Analyst

Relationship Manager

Debt Recovery Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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