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1. Parties: Identifies and defines the Lender, Primary Borrower, and Cosigner with their full legal names and addresses
2. Background: Explains the context of the primary promissory note and the requirement for a cosigner
3. Definitions: Defines key terms used throughout the agreement including 'Primary Note', 'Payment Default', and 'Obligations'
4. Cosigner's Agreement to Pay: States the cosigner's unconditional promise to pay the debt if the primary borrower defaults
5. Nature of Cosigner's Liability: Establishes that the cosigner's liability is joint and several with the primary borrower
6. Waiver of Defenses: Cosigner's waiver of common defenses and right to require the lender to pursue the primary borrower first
7. Cosigner's Representations and Warranties: Cosigner's confirmations regarding their legal capacity and understanding of obligations
8. Notice of Default: Requirements for notifying the cosigner of any default by the primary borrower
9. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and establishes jurisdiction for disputes
10. Execution: Signature blocks for all parties and witnessing requirements
1. Multiple Cosigners: Required when there is more than one cosigner, defining their relationship and respective obligations
2. Early Payment Provisions: Optional section detailing terms for early repayment and any associated penalties or benefits
3. Communication Methods: Optional section specifying preferred methods of communication and notice requirements
4. Cosigner's Right to Information: Optional section detailing what information about the loan the cosigner is entitled to receive
5. Assignment: Optional section addressing whether the agreement can be assigned to other parties
6. Severability: Optional clause addressing the enforceability of remaining provisions if some are found invalid
1. Schedule A - Primary Promissory Note: Copy or key terms of the primary promissory note being guaranteed
2. Schedule B - Payment Schedule: Detailed schedule of payment amounts and due dates from the primary promissory note
3. Schedule C - Notice Details: Contact information and preferred methods of communication for all parties
4. Appendix 1 - Form of Default Notice: Template for the notice to be sent to the cosigner in case of default by the primary borrower
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