The Guarantor Agreement For Loan is a critical security document used in Irish lending transactions where additional comfort is required by the lender beyond the borrower's own covenant. This agreement is commonly used in both commercial and consumer lending contexts, subject to Irish law and regulatory requirements including the Consumer Credit Act 1995 and Central Bank regulations. It enables lenders to extend credit facilities that might otherwise not be available, by having a third party guarantee the borrower's obligations. The document must carefully balance the lender's security interests with consumer protection requirements and guarantor rights under Irish law. It typically includes detailed provisions on the nature and extent of the guarantee, enforcement mechanisms, and the guarantor's obligations and rights. The agreement is particularly important in commercial lending, property transactions, and business expansion scenarios where personal or corporate guarantees are required to support lending decisions.
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1. Parties: Identifies and defines the Lender, Borrower, and Guarantor with their full legal names and addresses
2. Background: Explains the context of the loan agreement between Lender and Borrower, and the requirement for a guarantee
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out rules for interpretation
4. The Guarantee and Indemnity: Core section detailing the guarantee obligations, scope, and indemnification provisions
5. Nature and Extent of Guarantee: Specifies whether the guarantee is limited or unlimited, and the maximum liability of the Guarantor
6. Guarantor's Representations and Warranties: Statements and assurances made by the Guarantor regarding their capacity and authority to enter into the agreement
7. Continuing Security: Establishes that the guarantee remains in force until all secured obligations are discharged
8. Payments and Interest: Details how and when payments should be made by the Guarantor if called upon
9. Enforcement and Rights of the Lender: Sets out when and how the Lender can enforce the guarantee
10. Preservation of Rights: Explains how the Lender's rights are preserved in various circumstances
11. Discharge and Release: Conditions under which the Guarantor can be released from their obligations
12. Notices: Specifies how formal communications between parties should be made and delivered
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and governing law
14. Execution: Signature blocks and execution formalities
1. Multiple Guarantors: Additional provisions for when there is more than one guarantor, defining joint and several liability
2. Corporate Guarantor Provisions: Specific provisions required when the guarantor is a company rather than an individual
3. Security Provisions: Additional terms when the guarantee is supported by specific security assets
4. Fixed Charge: Terms relating to any fixed charge over assets provided as additional security
5. Independent Legal Advice: Confirmation and requirements regarding independent legal advice, particularly important for consumer guarantors
6. Foreign Currency Provisions: Required when the guaranteed loan is in a different currency from the guarantee
7. Step-In Rights: Provisions allowing the guarantor to take over the borrower's position in certain circumstances
8. Guarantee Limitation: Specific limitations on the guarantee amount or circumstances, if applicable
1. Schedule 1 - The Underlying Loan Agreement: Copy or key terms of the loan agreement being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed description of the obligations covered by the guarantee
3. Schedule 3 - Security Assets: List and description of any assets provided as security (if applicable)
4. Schedule 4 - Form of Demand: Template for the formal demand to be made under the guarantee
5. Appendix A - Independent Legal Advice Certificate: Certificate confirming the guarantor has received independent legal advice
6. Appendix B - Guarantor's Statement of Assets and Liabilities: Financial disclosure from the guarantor if required
Relevant legal definitions
Agreement
Authorisation
Borrower
Business Day
Default
Default Interest
Default Rate
Demand
Encumbrance
Event of Default
Financial Indebtedness
Guaranteed Obligations
Guarantor
Insolvency Event
Interest Period
Law
Legal Requirement
Lender
Loan
Loan Agreement
Material Adverse Effect
Parties
Payment Date
Principal Amount
Secured Obligations
Security
Security Interest
Security Period
Tax
Working Day
Written Notice
Underlying Agreement
Enforcement Action
Guarantee Limit
Independent Legal Advice
Irish Law
Liability
Notice Period
Permitted Transfer
Relevant Authority
Representation
Schedule
Warranty
Authorisation
Borrower
Business Day
Default
Default Interest
Default Rate
Demand
Encumbrance
Event of Default
Financial Indebtedness
Guaranteed Obligations
Guarantor
Insolvency Event
Interest Period
Law
Legal Requirement
Lender
Loan
Loan Agreement
Material Adverse Effect
Parties
Payment Date
Principal Amount
Secured Obligations
Security
Security Interest
Security Period
Tax
Working Day
Written Notice
Underlying Agreement
Enforcement Action
Guarantee Limit
Independent Legal Advice
Irish Law
Liability
Notice Period
Permitted Transfer
Relevant Authority
Representation
Schedule
Warranty
Clauses
Interpretation
Guarantee and Indemnity
Scope of Guarantee
Payment Obligations
Representations and Warranties
Continuing Security
Enforcement
Preservation of Rights
Discharge and Release
Independent Legal Advice
Set-Off Rights
Currency Conversion
Assignment and Transfer
Remedies and Waivers
Severability
Entire Agreement
Amendments and Variations
Notices
Costs and Expenses
Confidentiality
Data Protection
Anti-Money Laundering
Force Majeure
Governing Law
Jurisdiction
Execution
Limitation of Liability
Default Interest
Security Rights
Multiple Guarantors
Joint and Several Liability
Corporate Authority
Consumer Protection
Financial Covenants
Information Undertakings
Power of Attorney
Guarantee and Indemnity
Scope of Guarantee
Payment Obligations
Representations and Warranties
Continuing Security
Enforcement
Preservation of Rights
Discharge and Release
Independent Legal Advice
Set-Off Rights
Currency Conversion
Assignment and Transfer
Remedies and Waivers
Severability
Entire Agreement
Amendments and Variations
Notices
Costs and Expenses
Confidentiality
Data Protection
Anti-Money Laundering
Force Majeure
Governing Law
Jurisdiction
Execution
Limitation of Liability
Default Interest
Security Rights
Multiple Guarantors
Joint and Several Liability
Corporate Authority
Consumer Protection
Financial Covenants
Information Undertakings
Power of Attorney
Relevant Industries
Banking and Financial Services
Real Estate and Property
Commercial Lending
Retail Banking
Corporate Finance
Small Business and SME
Construction and Development
Investment and Securities
Education Finance
Healthcare Finance
Relevant Teams
Legal
Credit Risk
Compliance
Commercial Banking
Retail Banking
Credit Administration
Documentation
Underwriting
Debt Recovery
Client Relations
Relevant Roles
Credit Risk Manager
Loan Officer
Corporate Banker
Legal Counsel
Compliance Officer
Credit Analyst
Relationship Manager
Underwriter
Commercial Banking Manager
Risk Assessment Officer
Financial Controller
Chief Risk Officer
Credit Administration Manager
Legal Documentation Specialist
Debt Recovery Officer
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