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Continuing Guarantee Agreement Template for Australia

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Key Requirements PROMPT example:

Continuing Guarantee Agreement

"I need a Continuing Guarantee Agreement under Australian law for my manufacturing company to guarantee a $5 million business loan to our subsidiary company, with the guarantee to be secured against our commercial property and limited to a maximum liability of $6 million including interest and costs."

Document background
A Continuing Guarantee Agreement is a crucial legal instrument in Australian commercial and financial transactions where ongoing financial security is required. This document is used when a party (the guarantor) agrees to guarantee the payment and performance obligations of another party (the principal debtor) to a creditor on a continuing basis. The agreement is particularly relevant in business financing, commercial leasing, and supply arrangements where credit facilities are provided. It must comply with Australian federal and state legislation, including consumer protection laws, banking regulations, and contract law principles. The document includes comprehensive provisions covering the nature and extent of the guarantee, enforcement mechanisms, and protections for all parties, while ensuring compliance with Australian legal requirements regarding guarantees and security arrangements.
Suggested Sections

1. Parties: Identifies the guarantor(s), the creditor, and the principal debtor

2. Background: Explains the context of the guarantee, including the underlying debt or obligation being guaranteed

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Guarantee and Indemnity: Core provisions setting out the guarantee obligations and indemnity

5. Extent of Guarantee: Defines the scope of guaranteed obligations and any limitations

6. Continuing Security: Establishes the continuing nature of the guarantee

7. Guarantor's Obligations: Details specific obligations, including payment, performance, and compliance requirements

8. Representations and Warranties: Guarantor's confirmations about their capacity and authority

9. Protection of Rights: Creditor's rights preservation and enforcement provisions

10. Payments: Payment terms, methods, and currency requirements

11. Costs and Expenses: Allocation of costs related to the guarantee

12. Notices: Communication requirements and contact details

13. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and severability

14. Execution: Formal signing requirements and attestation

Optional Sections

1. Security Provisions: Include when the guarantee is secured against specific assets

2. Multiple Guarantors: Required when there is more than one guarantor, addressing joint and several liability

3. Priority Arrangements: Include when there are multiple creditors or security interests

4. Limit of Liability: Include when the guarantee is capped at a specific amount

5. Special Conditions: For any unique requirements or circumstances specific to the transaction

6. Financial Covenants: Include when ongoing financial requirements are imposed on the guarantor

7. Power of Attorney: Include when the creditor requires power to act on behalf of the guarantor

8. Independent Legal Advice: Required when there's a need to confirm the guarantor has received independent advice

Suggested Schedules

1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed

2. Schedule 2 - Security Details: Details of any security provided under the guarantee

3. Schedule 3 - Guarantor Information: Detailed information about the guarantor(s) including contact details

4. Schedule 4 - Underlying Agreements: List and details of the principal agreements being guaranteed

5. Appendix A - Form of Demand: Standard form for making demands under the guarantee

6. Appendix B - Legal Advice Certificate: Template certificate for independent legal advice confirmation

7. Appendix C - Compliance Certificate: Template for periodic compliance certification if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions















































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Relevant Industries

Banking & Financial Services

Commercial Real Estate

Construction

Manufacturing

Retail

Wholesale Trade

Professional Services

Agriculture

Mining

Transport & Logistics

Healthcare

Education

Relevant Teams

Legal

Finance

Risk Management

Treasury

Compliance

Credit Administration

Commercial Operations

Corporate Secretariat

Business Development

Contract Management

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Risk Manager

Commercial Director

Legal Counsel

Corporate Lawyer

Compliance Officer

Treasury Manager

Financial Controller

Company Secretary

Business Development Manager

Relationship Manager

Credit Analyst

Contract Administrator

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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