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The Loan Guarantor Agreement is a critical document used in lending transactions under Irish law when a third party (the guarantor) agrees to guarantee the repayment obligations of a borrower. This agreement is particularly important in situations where additional security is required by lenders, commonly used in both commercial and consumer lending contexts. The document must comply with Irish legislation, including the Consumer Credit Act 1995, Central Bank regulations, and relevant European Union directives. It typically includes detailed provisions about the scope of the guarantee, enforcement procedures, and protections for all parties. The agreement is essential for risk mitigation in lending transactions and must be carefully drafted to ensure enforceability while meeting regulatory requirements for consumer protection and financial services regulation in Ireland.

1. Parties: Identifies and defines all parties to the agreement: the Guarantor, the Lender, and the Borrower

2. Background: Sets out the context of the guarantee, including reference to the primary loan agreement and the purpose of the guarantee

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Guarantee and Indemnity: Core section detailing the guarantee obligations, including the scope and nature of the guarantee

5. Extent of Liability: Clearly defines the limits of the guarantor's liability and the maximum amount guaranteed

6. Duration of Guarantee: Specifies when the guarantee becomes effective and when it terminates

7. Guarantor's Representations and Warranties: Statements of fact and assurances given by the guarantor regarding their capacity and ability to provide the guarantee

8. Continuing Security: Confirms that the guarantee remains in force until all guaranteed obligations are fully discharged

9. Enforcement and Recovery: Details when and how the lender can enforce the guarantee and seek recovery from the guarantor

10. Payments and Interest: Specifies how and when payments should be made under the guarantee, including any interest provisions

11. Costs and Expenses: Addresses responsibility for costs related to the preparation and enforcement of the guarantee

12. Notices: Specifies how formal communications between parties should be made and delivered

13. Governing Law and Jurisdiction: Confirms Irish law as governing law and specifies jurisdiction for dispute resolution