The Guarantee Facility Agreement is a crucial document in Australian commercial and financial transactions where parties require bank guarantees or similar instruments to support their business operations. This agreement is commonly used when companies need ongoing access to bank guarantees for various purposes such as bid bonds, performance bonds, or rental guarantees. The document establishes the framework under which a financial institution will issue guarantees, including facility limits, conditions for issuance, fees, and the obligations of all parties. The agreement must comply with Australian financial services regulations and banking laws, incorporating necessary consumer protections and disclosure requirements. A Guarantee Facility Agreement typically includes detailed provisions for facility utilization, reporting requirements, events of default, and enforcement mechanisms, making it essential for businesses requiring regular access to bank guarantees.
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1. Parties: Identifies all parties to the agreement including the financial institution, borrower, and guarantor(s)
2. Background: Contextual information explaining the purpose of the guarantee facility and relationship between parties
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Facility Establishment: Terms of the guarantee facility including limit, purpose, and availability
5. Guarantor Obligations: Core guarantee provisions, including scope of guaranteed obligations and nature of liability
6. Payments and Claims: Procedures for making claims under guarantees and payment obligations
7. Representations and Warranties: Standard representations and warranties from the guarantor
8. Undertakings: Ongoing obligations of the guarantor including financial covenants and reporting requirements
9. Events of Default: Circumstances constituting default and consequences
10. Fees and Costs: All fees, charges, and cost recovery provisions
11. Tax Provisions: Treatment of taxes, GST, and stamp duty
12. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Multiple Guarantors: Additional provisions for multiple guarantors including joint and several liability
2. Security Provisions: Where specific security is required to support the guarantee obligations
3. Cross-Border Provisions: For international guarantors or cross-border transactions
4. Independent Legal Advice: Specific requirements where independent legal advice is mandatory
5. Bank Guarantee Mechanics: Detailed provisions for bank guarantee issuance and management
6. Digital Execution: Provisions for electronic execution and management of guarantees
7. Priority and Subordination: Where ranking of guarantee obligations needs to be established
8. Counter-Indemnity: Where separate indemnity provisions are required from the guarantor
1. Facility Parameters: Details of guarantee facility limit, sub-limits, and pricing
2. Form of Guarantee: Template form(s) of guarantee to be issued under the facility
3. Conditions Precedent: List of required documents and conditions for facility establishment
4. Guarantee Issue Request Form: Standard form for requesting issuance of guarantees
5. Compliance Certificate: Template for periodic compliance reporting
6. Existing Guarantees: Schedule of any existing guarantees to be covered by the facility
7. Fee Schedule: Detailed breakdown of all applicable fees and charges
8. Authorized Signatories: List of persons authorized to request guarantees and execute documents
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Construction and Infrastructure
International Trade
Mining and Resources
Commercial Real Estate
Manufacturing
Retail
Energy and Utilities
Telecommunications
Government and Public Sector
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Commercial Operations
Credit
Company Secretariat
Operations
Project Management
Relevant Roles
Chief Financial Officer
Treasury Manager
Finance Director
Legal Counsel
Commercial Director
Risk Manager
Relationship Manager
Credit Manager
Company Secretary
Compliance Officer
Financial Controller
Project Manager
Operations Manager
Contract Administrator
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