A Guarantee Agreement is a crucial legal instrument in New Zealand business and financial transactions, used when one party needs to provide security for another's obligations. This document is essential in various contexts, from securing business loans to supporting commercial leases or construction contracts. The agreement must comply with New Zealand legal requirements and typically includes detailed provisions about the guaranteed obligations, enforcement mechanisms, and the extent of the guarantor's liability. Common scenarios for using this document include parent companies guaranteeing subsidiaries' obligations, directors guaranteeing company debts, or third parties providing guarantees for loan facilities. The document needs to be carefully drafted to ensure enforceability under New Zealand law and to clearly define the rights and obligations of all parties involved.
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1. Parties: Identifies the guarantor, the creditor (beneficiary of the guarantee), and the principal debtor
2. Background: Sets out the context of the guarantee, including reference to the principal debt or obligation being guaranteed
3. Definitions: Defines key terms used throughout the agreement
4. Guarantee and Indemnity: Core section establishing the guarantee obligations and indemnity provisions
5. Extent of Liability: Defines the scope and limitations of the guarantor's liability
6. Nature of Guarantee: Specifies whether the guarantee is continuing, irrevocable, and/or unconditional
7. Payment Obligations: Details when and how payments must be made under the guarantee
8. Representations and Warranties: Guarantor's confirmations about their capacity and authority to enter into the guarantee
9. Protection of Rights: Preserves the creditor's rights and remedies under the guarantee
10. Enforcement: Procedures and circumstances for enforcing the guarantee
11. Costs and Indemnities: Allocation of costs and expenses related to the guarantee
12. Notices: Requirements for giving notices under the agreement
13. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and amendment procedures
1. Security: Include when the guarantee is secured by specific assets or property
2. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability
3. Limit of Liability: Include when the guarantee is capped at a specific amount
4. Release and Discharge: Include when specific conditions for releasing the guarantor need to be detailed
5. Assignment: Include when the rights under the guarantee need to be transferable
6. Priority Arrangements: Include when there are multiple guarantees or security interests that need to be ranked
7. Consumer Protection Provisions: Include when the guarantee relates to a consumer credit contract
1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed
2. Schedule 2 - Principal Agreement: Copy or summary of the main agreement giving rise to the guaranteed obligations
3. Schedule 3 - Security Details: Details of any security provided in support of the guarantee
4. Schedule 4 - Guarantor Information: Key information about the guarantor including contact details and notice addresses
5. Appendix A - Form of Demand: Template form for making a demand under the guarantee
6. Appendix B - Compliance Certificate: Template for periodic confirmation of compliance with guarantee terms if required
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate and Property
Construction and Infrastructure
Manufacturing
Retail and Commerce
Professional Services
Technology and Software
Energy and Utilities
Agriculture and Primary Industries
Education
Healthcare
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Commercial
Credit Control
Corporate Services
Business Development
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Commercial Director
Credit Manager
Risk Manager
Company Secretary
Treasury Manager
Contracts Manager
Commercial Manager
Corporate Lawyer
Banking Relationship Manager
Financial Controller
Business Development Manager
Compliance Officer
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