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Personal Guarantee Agreement
"I need a Personal Guarantee Agreement for a small business loan where the company director will personally guarantee a $500,000 business expansion loan from ABC Bank, with the guarantee to be limited to the loan amount plus interest and enforcement costs."
1. Parties: Identifies the Guarantor, Creditor, and Principal Debtor with full legal names and addresses
2. Background: Explains the context of the guarantee, including details of the principal debt or obligation being guaranteed
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles for the agreement
4. Guarantee and Indemnity: Core terms of the guarantee obligation and accompanying indemnity
5. Extent of Guarantee: Specifies the scope, amount, and duration of the guarantee
6. Guarantor's Acknowledgments: Statutory and general acknowledgments by the guarantor regarding their obligations and risks
7. Independent Legal Advice: Confirmation of receipt or waiver of independent legal advice
8. Continuing Security: Establishes the guarantee as a continuing obligation
9. Enforcement: Rights and procedures for enforcing the guarantee
10. Payments: Terms regarding payment obligations, including method and timing
11. Representations and Warranties: Guarantor's confirmations about their capacity and authority
12. Protection of Creditor's Rights: Provisions preserving the creditor's rights and remedies
13. Costs and Expenses: Allocation of costs related to the guarantee
14. Notices: Requirements for giving formal notices under the agreement
15. General Provisions: Standard boilerplate clauses including governing law
16. Execution: Formal signing requirements and attestation
1. Security: Include when the guarantee is secured against specific assets
2. Joint and Several Liability: Required when there are multiple guarantors
3. Limit of Liability: Used when the guarantee is capped at a specific amount
4. GST: Include when payments under the guarantee may have GST implications
5. Financial Covenants: Include when ongoing financial requirements are imposed on the guarantor
6. Priority Arrangements: Required when there are multiple creditors or security interests
7. Guarantee Release Conditions: Include when specific conditions for releasing the guarantee are agreed
8. Corporate Guarantor Provisions: Required when the guarantor is a company rather than an individual
1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed
2. Schedule 2 - Security Details: Description of any assets provided as security (if applicable)
3. Schedule 3 - Guarantor Certificate: Certificate confirming the guarantor's understanding of obligations
4. Schedule 4 - Independent Legal Advice Certificate: Solicitor's certificate confirming advice given to guarantor
5. Appendix A - Warning Notice: Statutory warning notice required under Australian Consumer Law
6. Appendix B - Key Information Statement: Summary of key terms and risks for the guarantor
Authors
Banking and Financial Services
Real Estate
Commercial Lending
Retail
Construction
Manufacturing
Professional Services
Small Business
Wholesale Trade
Property Development
Legal
Finance
Credit
Risk Management
Compliance
Commercial
Banking
Corporate Services
Business Development
Operations
Credit Manager
Risk Manager
Commercial Lawyer
Banking Officer
Financial Controller
Chief Financial Officer
Legal Counsel
Compliance Officer
Account Manager
Business Development Manager
Credit Analyst
Contract Administrator
Corporate Lawyer
Finance Director
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