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Loan Agreement With Guarantor Template for New Zealand

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Key Requirements PROMPT example:

Loan Agreement With Guarantor

"I need a Loan Agreement with Guarantor for a NZD 500,000 business loan to my technology startup, with two company directors acting as personal guarantors, to be drawn down by March 2025 with a 5-year term."

Document background
This Loan Agreement With Guarantor is designed for use in New Zealand when establishing a formal lending arrangement that requires additional security through a third-party guarantee. The document is particularly relevant when a borrower requires financial assistance but may not independently meet all lending criteria, necessitating a guarantor to provide additional security. It complies with New Zealand's regulatory requirements, including the Credit Contracts and Consumer Finance Act 2003, Fair Trading Act 1986, and relevant financial services legislation. The agreement comprehensively covers loan terms, guarantor obligations, enforcement rights, and includes mandatory disclosure requirements and cooling-off periods specific to New Zealand law. It's suitable for both consumer and business lending contexts, providing robust protection for all parties while ensuring regulatory compliance.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement: the Lender, Borrower, and Guarantor

2. Background: Sets out the context of the loan and the purpose for which it is being made

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. The Loan: Details the loan amount, purpose, and conditions precedent to drawdown

5. Interest: Specifies the interest rate, calculation method, and payment terms

6. Repayment: Sets out the repayment schedule, method of payment, and early repayment provisions

7. Guarantee and Indemnity: Details the guarantor's obligations, extent of guarantee, and indemnification provisions

8. Representations and Warranties: Lists the representations and warranties given by both the borrower and guarantor

9. Borrower Covenants: Specifies the ongoing obligations and restrictions on the borrower

10. Events of Default: Lists circumstances that constitute default and their consequences

11. Enforcement: Details the lender's rights and remedies upon default

12. Costs and Indemnities: Allocates responsibility for costs and provides for indemnification

13. General Provisions: Contains standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Security: Include when the loan is secured against specific assets

2. Insurance: Include when specific insurance requirements are imposed on the borrower

3. Special Conditions: Include when there are unique terms specific to the particular loan arrangement

4. Independent Legal Advice: Include when there's a requirement for the guarantor to obtain independent legal advice

5. Priority and Subordination: Include when there are multiple lenders or security interests involved

6. Guarantee Limitations: Include when the guarantee is limited in amount or scope

7. Financial Covenants: Include for business loans requiring specific financial metrics to be maintained

Suggested Schedules

1. Schedule 1 - Loan Terms: Details of loan amount, interest rate, term, and repayment schedule

2. Schedule 2 - Conditions Precedent: List of conditions that must be satisfied before loan drawdown

3. Schedule 3 - Repayment Schedule: Detailed breakdown of repayment dates and amounts

4. Schedule 4 - Security Details: Description of any security provided for the loan

5. Schedule 5 - Guarantor Acknowledgment: Specific acknowledgments and confirmations by the guarantor

6. Appendix A - Form of Drawdown Notice: Template for requesting loan disbursement

7. Appendix B - Certificate of Independent Legal Advice: Template for legal advisor's certification of advice to guarantor

Authors

Alex Denne

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

Relevant legal definitions


















































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Relevant Industries

Banking & Financial Services

Real Estate

Small Business

Corporate

Retail

Agriculture

Manufacturing

Technology

Construction

Professional Services

Healthcare

Education

Hospitality

Relevant Teams

Legal

Finance

Credit

Risk Management

Compliance

Commercial Banking

Corporate Banking

Retail Banking

Collections

Business Development

Account Management

Operations

Relevant Roles

Chief Financial Officer

Finance Manager

Credit Manager

Risk Manager

Legal Counsel

Compliance Officer

Loan Officer

Commercial Banking Manager

Credit Analyst

Financial Controller

Business Development Manager

Account Manager

Corporate Lawyer

Banking Lawyer

Relationship Manager

Underwriter

Collections Manager

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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