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1. Parties: Identifies the Guarantor, the Lender, and the Borrower (Principal Debtor)
2. Background: Explains the context of the guarantee, including reference to the principal loan agreement
3. Definitions: Defines key terms used throughout the guarantee agreement
4. Guarantee and Indemnity: Core section establishing the guarantee, its nature (continuing, unlimited, etc.), and indemnity provisions
5. Extent of Guarantee: Specifies the scope of guaranteed obligations and maximum liability
6. Guarantor's Acknowledgments: Confirms the guarantor understands their obligations and has received independent legal advice
7. Payment Obligations: Details when and how the guarantor must make payments upon demand
8. Representations and Warranties: Guarantor's confirmations about their financial position and capacity
9. Protection of Lender's Rights: Preserves lender's rights and remedies under the guarantee
10. Costs and Expenses: Outlines responsibility for legal and enforcement costs
11. Governing Law and Jurisdiction: Specifies New Zealand law governs the agreement
12. Execution: Signature blocks and execution requirements
1. Security Provisions: Include when the guarantee is supported by specific security over guarantor's assets
2. Joint and Several Liability: Required when there are multiple guarantors
3. Guarantee Limit: Include when the guarantee is limited to a specific amount
4. Independent Trustee Limitation: Include when guarantor is an independent trustee of a trust
5. Priority and Subordination: Include when there are multiple creditors or guarantees
6. Financial Covenants: Include when ongoing financial requirements are imposed on guarantor
7. Release Conditions: Include when specific conditions for release of guarantee are agreed
1. Principal Loan Agreement Details: Summary of the main loan agreement being guaranteed
2. Guarantor's Statement of Position: Details of guarantor's assets, liabilities, and financial position
3. Security Details: Description of any security provided under the guarantee
4. Independent Legal Advice Certificate: Solicitor's certificate confirming independent legal advice given to guarantor
5. Guarantor Identification: Copy of identification documents and verification requirements
Business Day
Costs
Default
Default Interest
Default Rate
Demand
Enforcement Event
Event of Default
Financial Indebtedness
Guarantee
Guaranteed Moneys
Guaranteed Obligations
Guarantor
Indemnified Amounts
Independent Legal Advice Certificate
Insolvency Event
Law
Lender
Loan Agreement
Material Adverse Effect
Parties
Payment Date
Permitted Security Interest
Principal Debt
Receiver
Related Company
Secured Amounts
Security
Security Interest
Solvency
Statement of Position
Subsidiary
Tax
Term
Trust
Payment Obligations
Representations and Warranties
Continuing Security
Default and Enforcement
Costs and Expenses
Independent Legal Advice
Notices
Assignment and Transfer
Governing Law
Execution
Severability
Entire Agreement
Amendments
Waiver
Confidentiality
Financial Covenants
Security Interests
Priority and Subordination
Joint and Several Liability
Set-off Rights
Further Assurance
Release and Discharge
Trustee Provisions
Acknowledgments
Banking
Financial Services
Real Estate
Small Business
Commercial Lending
Retail Banking
Corporate Finance
Professional Services
Property Development
Legal
Credit
Risk Management
Compliance
Commercial Banking
Retail Banking
Corporate Finance
Operations
Document Management
Loan Administration
Credit Manager
Loan Officer
Legal Counsel
Risk Manager
Commercial Banking Manager
Credit Analyst
Compliance Officer
Banking Relationship Manager
Financial Advisor
Lending Specialist
Corporate Lawyer
Banking Executive
Underwriter
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