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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."
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
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
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
Banking & Financial Services
Real Estate
Small Business
Corporate
Retail
Agriculture
Manufacturing
Technology
Construction
Professional Services
Healthcare
Education
Hospitality
Legal
Finance
Credit
Risk Management
Compliance
Commercial Banking
Corporate Banking
Retail Banking
Collections
Business Development
Account Management
Operations
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
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