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______________________________ Fixed Loan Agreement with Guaranty 11 SCHEDULE Item 1 - Guarantor: Fixed Loan Agreement with Guaranty 12 ___ Name: ______________________________ Name: ______________________________ Signed for and on behalf of Guarantor by: By: _________________________________ Name: ______________________________ Name:ay hereinbefore mentioned. Signed for and on behalf of Lender by: By: _______________________ Name: ______________________ Signed for and on behalf of Borrower by: By: ______________________________ to the non-exclusive jurisdiction of the courts of _______________[Mention State] and the Federal Court of Australia. Fixed Loan Agreement with Guaranty 10 THE PARTIES sign this Agreement on the dailing addresses, as well as telephone, email and mobile numbers. (l) Governing Law and Jurisdiction i. ii. This agreement is governed by the laws of _______________[Mention State]. The parties submitmmunicated as of actual receipt; mailed notices shall be deemed communicated as of five (5) days after mailing. The Independent Contractor agrees to keep the Company current as to their business and mappearing in the introductory paragraphs of this Agreement, but each party may change their address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed coaffected either by personal delivery in writing, or by mail, registered or certified, postage pre-paid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses itation, legal costs and expenses on a full indemnity basis or on a solicitor and client basis whichever is the greater. (k) Notices Any notice to be given hereunder by any party to the other, may be stamp duty and other taxes payable in connection with this agreement or in connection with any payment, receipt or other transaction contemplated by this agreement; including, in each case without limses incurred in retaining any independent consultant or other person to evaluate any matter of concern and in the case of the Lender its administration costs in connection with those events; and iii. on, release or discharge in connection with or of this agreement; and the contemplated or actual enforcement or preservation of any rights under this agreement including, without limitation, any expen, charges and expenses of the Lender or any attorney of the Lender in connection with: ii. Fixed Loan Agreement with Guaranty 9 any consent, exercise or non-exercise of any rights, waiver, variatition with the negotiation, preparation, execution, stamping and completion of this agreement and of any forms required by any statute or regulation to be lodged with any registry; the reasonable coststes and for the specific purpose for which it is given. (j) Costs and Expenses The Borrower must pay or reimburse the Lender for: i. the reasonable costs, charges and expenses of the Lender in connecfuture or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relaii. iii. iv. A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the er's representatives are merged in this agreement. (h) Variation An amendment or variation to this agreement is not effective unless it is in writing and signed by the parties. (i) Waiver Excluded i. Entire Agreement This agreement represents the entire agreement between the parties and all prior or contemporaneous representations, statements and agreements (if any) made by the Lender or the Lendesirable to give full effect to this agreement. (f) Severability If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of this agreement remains in force. (g)agreement unless otherwise agreed in writing by the Lender. (e) Further Assurance The Borrower must promptly at the Borrower's own cost do all things (including executing all documents) necessary or dan Agreement with Guaranty 8 (c) Lender's Power to Assign The Lender may assign the benefit of this agreement. (d) Time of the Essence Time is of the essence of the Borrower's obligations under this at a particular Event of Default has occurred; or any other act matter or thing arising under this agreement; is for all purposes prima facie evidence of the facts stated in the certificate. Fixed Lote purporting to be signed by the Lender or an officer of or agent for the Lender stating: i. ii. iii. the amount owing or contingently owing by the Borrower at a certain date under this agreement; thd into in connection with this agreement and, in the event of inconsistency, the provision most favourable to or which confers the greatest benefit on the Lender prevails. (b) Certificates A certificarower personally and the assets of the Trust. 14. MISCELLANEOUS PROVISIONS (a) Inconsistencies So far as is possible, this Agreement must be read together with all other agreements or documents entereorrower acknowledges that this agreement is binding on the Borrower personally and in its capacity as trustee of the Trust and that the Lender's right of recourse extends to both the assets of the BorTrust is present] Where a Borrower has executed this agreement in its capacity as trustee of a trust ("Trust"), whether or not the fact that the Borrower is a trustee is disclosed to the Lender, the Be provisions of the Agreement for service on the Borrower, but addressed to the Guarantor, shall be deemed to have been given to the Guarantor for all purposes. 13. TRUST PROVISIONS [Add only when a (h) Service on Guarantor Notwithstanding previous actual service on the Guarantor, any notice, document or any originating process or other written document in proceedings given in accordance with thcludes a corporation or trustee, that corporation or trustee warrants that it has full and unrestricted power to covenant, agree and indemnify as hereinbefore provided and to execute this Agreement. st for the Lender and paid to the Lender in reduction of the amount owing by the Guarantor to the Lender. Fixed Loan Agreement with Guaranty 7 (g) Warranties by Guarantor If the Guarantor is or inement, winding-up, receivership or demise of the Borrower and any amount thereby received by the Guarantor from any distribution, dividend or payment shall be received and held by the Guarantor in trudistribution, dividend or payment which, but for such proof, the Lender would be entitled to receive. The Guarantor will, if required by the Lender, prove or claim in the bankruptcy, assignment arrangip or the demise of the Borrower resulting in claims by creditors, the Guarantor agrees with the Lender that the Guarantor will not prove or claim in competition with the Lender so as to diminish any the Borrower. (f) No Proof in Estate of Borrower in Competition with Lender In the event of the bankruptcy, assignment for the benefit of creditors, arrangement with creditors, winding-up, receivershObligations The obligations of the Guarantor in this Part are principal obligations and shall not be treated as ancillary, collateral or secondary to any other obligations including the obligations ofuested by the Lender, at the expense of the Lender enter into a deed with any transferee or assignee from the Lender in terms substantially similar to this Part (including this clause). (e) Principal Should the Lender transfer or assign its interest in this Agreement, the Lender may also assign the benefit of all the provisions on the part of the Guarantor in this Part. The Guarantor will, if reqAgreement with Guaranty for any reason whatsoever including without limitation the neglect or default of the Lender or of persons acting on the Lender's behalf. (d) Assignment of Benefit of Guaranteered to be registered pursuant to any relevant legislation and is not so registered at any time during the term of the Agreement 6 iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii. xiv. Fixed Loan ault of the Lender, the Manager or any person whereby the Guarantor's liability to the Lender would, but for this provision, have been affected or discharged; and the fact that this Agreement is requiany variation of the terms of this Agreement by agreement between the Lender and the Borrower or any other agreement between the Lender and the Borrower; any other event, act, omission, mistake or defGuarantor; the obtaining of any judgment against the Borrower or any Guarantor; any actual or alleged set-off, defence, counter-claim or other deductions on the part of the Borrower or any Guarantor; his Agreement or by any Guarantor to enter into this Part; any act or omission of the Lender, the Manager, or any person acting on behalf of the Lender or the Manager contrary to the interests of the rantor, or the Borrower and any Guarantor; the Lender failing to exercise or waiving or deferring any of its rights under this Agreement ; any lack of capacity or power by the Borrower to enter into trantor under this Agreement; any transaction, arrangement or agreement whether in respect of this Agreement or otherwise that may take place between the Lender and the Borrower, the Lender and any Gua other person of any time, credit, consideration, forbearance or other indulgence; the release (wholly or partially) of the Borrower or of any Guarantor from any obligation of the Borrower or such Guay compromise, assignment of property, scheme of arrangement, composition of debts or scheme of reconstruction by the Borrower or any Guarantor or any other person; the giving to the Borrower or to anywith creditors, winding-up, reconstruction, official management, receivership, liquidation, striking off or other demise of the Borrower or any Guarantor; the Lender becoming a party to or bound by anting the generality of the foregoing, shall not be affected by i. ii. the termination of this Agreement; the death, mental incapacity, bankruptcy, assignment for the benefit of creditors, arrangement to discharge its obligations under this Agreement. (c) Liability of Guarantor The liability of the Guarantor under this Agreement shall not be affected by anything and in particular, and without limile against the Borrower; 5 Fixed Loan Agreement with Guaranty ii. any loss, damages, costs or expenses sustained or incurred by the Lender in consequence of any failure on the part of the Borrower ceable by the Lender against the Borrower for any reason against any loss, including all money which would have been payable by or recoverable from the Borrower had this Agreement been fully enforceabt or by operation of law in equity or otherwise. ii. (b) Indemnity The Guarantor shall indemnify the Lender on notice against and in respect of:i. any of the terms of this Agreement not being enforments and other moneys and any obligation to indemnify the Lender and the Guarantor hereby guarantees the due and punctual performance and observance of all such obligations whether arising in contracith the Lender that the Borrower shall at all times punctually discharge all its obligations to the Lender including (without limiting the generality of the foregoing) its obligation to pay loan repayey payable by the Borrower to the Lender under this Agreement including amounts indemnified, damages resulting from breach of this Agreement and otherwise. The Guarantor hereby undertakes and agrees wmed in this Agreement) and severally liable to the Lender for the due performance and observance of all the provisions in this Agreement. In particular he/she will be liable for the payment of all mon by the execution of this Agreement by the Guarantors), each Guarantor named in Item 2 of the Schedule agrees with the Lender that he/she will be jointly (with the Borrower and each other Guarantor na the advance of the loan funds at settlement. 12. GUARANTEE (a) Guarantor: i. In consideration of the Lender entering into this Agreement at the request of the Guarantors (which request is testifieder has had the opportunity to obtain such advice; and The Borrower has been provided with a copy of the Lender's fees and Charges Schedule and has agreed for those fees and charges to be deducted from____________________________________ purposes [Mention Purposes for Loan]; The Lender has recommended that the Borrower obtain independent legal and financial advice about the Loan and that the Borrowleading. 11. ACKNOWLEDGEMENT (a) The Borrower acknowledges that: Fixed Loan Agreement with Guaranty 4 i. ii. iii. the Loan is to be applied by the Borrower wholly or predominantly for __________s and information furnished by the Borrower to the Lender are complete and correct and there are no other material facts or considerations the omission of which would render any of the information miser before any court, administrative tribunal or arbitrator which could or might result in any material adverse change in the business assets or credit of the Borrower; and iii. all financial statemental to the assessment of the nature and amount of the risk undertaken by the Lender in entering into this agreement; ii. no action, proceeding or arbitration is pending or threatened against the Borrowa) The Borrower warrants that: i. it has fully disclosed in writing to the Lender all facts relating to the Borrower, its related bodies corporate, and anything in connection with them that are materiefault of the Borrower. 9. APPLICATION OF MONEY Money received by the Lender from the Borrower may be applied towards interest or other legitimate purposes at the Lender's discretion. 10. WARRANTIES ( that the Lender requires from time to time. (b) Borrower to Reimburse the Lender The Borrower must pay to the Lender on notice any money which the Lender may reasonably see fit to pay to remedy any drrower and any Guarantor. 8. GENERAL COVENANTS BY BORROWER IN RELATION TO LOAN (a) Borrower to Provide Financial Information The Borrower must deliver to the Lender all financial and other informationeplies to any requisitions made by the Borrower are or become untrue, false or misleading; AND a determination by the Lender that any of these events has occurred shall be final and binding on the Boct; or iii. iv. vi. vii. viii. ix. Fixed Loan Agreement with Guaranty 3 x. If any representations, warranties or conditions precedent or subsequent described in this Agreement or otherwise or rthe Borrower or any Guarantor an externally-administered body corporate; the Borrower is taken to have failed to comply with a statutory demand within the meaning of section 459F of the Corporations Aoperty of the Borrower; he Borrower or any Guarantor, being a body corporate, becomes an externallyadministered body corporate under the Corporations Act; steps are taken by any person towards making the Guarantor becomes void, illegal, invalid, unenforceable or of limited or reduced force or effect; any creditor of the Borrower levies, or attempts to levy, any distress or execution against any prreement between the Lender and the Borrower proves to have been untrue or misleading when made or deemed to have been made; if all or any part of this Agreement the security or the Guarantee given by instrument or document between the Borrower and the Lender with regard to this agreement; any warranty or representation made or deemed to have been made under this agreement, or any other written ag(b) Events of Default The following are Events of Default: i. ii. the Borrower fails to pay any of the Secured Money when due; the Borrower breaches a term of: · this agreement; · any other agreement,lt If an Event of Default occurs or is deemed to have occurred, then at the Lender's option, without notice the Lender may decline to provide any part of the Loan which has not already been provided. ompelled by law to deduct any taxes or charges the Borrower must pay to the Lender such further sum as will result in the receipt by the Lender of the full amount payable. (a) Lender's Rights on Defautil repayment). 6. NO DEDUCTIONS All money payable by the Borrower must be paid in full without any deduction on account of any income or other taxes or charges present or future. If the Borrower is cpart of the Loan from the dates they are provided until the Expiry Date or until earlier repayment under clause 5(b) (but if the Borrower makes default in repaying the Loan on the Expiry Date, then unhe Lender's right immediately to sue for that interest, or the other rights of the Lender on default. Fixed Loan Agreement with Guaranty 2 (c) The interest must be paid on the Loan or sums forming If any interest is not paid within 7 days after it becomes due for payment, the interest is added to the Loan from the date it became due and bears interest from that date, but without prejudice to t of ____________% on the last Business Day of the month in which the Loan or the first instalment of the Loan is provided by the Lender, and then on the last Business Day of every following month. (b)consideration for the Lender giving the consent, the Borrower makes the payment on the last Business Day of a month. 5. INTEREST (a) The Borrower must pay interest on the Loan at the Rate of Interesty, on one (1) month's written notice to the Lender, and with the consent of the Lender, repay the Loan in full before the Expiry Date, but the repayment will only be consented to by the Lender if, in rest notwithstanding that the date of repayment of the loan may be less than two months after the advance date. ALTERNATIVE (a) The Borrower must repay the Loan on the Expiry Date. (b) The Borrower ma and all interest accruing thereon on the date and the manner stipulated in Item 5. (b)The Borrower may, at any time repay the whole of the debt however the Borrower shall pay at least two months interily and there has not arisen any matter which in the opinion of the Lender could materially affect the rights or interests of the Lender. 4. REPAYMENT (a) The Borrower will pay to the Lender the debtby the Borrower hereunder. (c) The Lender is not obliged to make the advance unless the Lender has satisfied itself that all searches and enquiries in relation to the Borrower have resulted satisfactoer shall advance to the Borrower the Loan on the advance date. (b) The Guarantor (if any) shall execute a Guarantee in a form acceptable to the Lender guaranteeing the repayment of all monies payable e Loan Fixed Loan Agreement with Guaranty 1 may be provided in 2 or more instalments. The Borrower acknowledges receipt of the full amount of the Loan. 3. CONDITIONS PRECEDENT TO ADVANCE (a) The Lenddes a corporation and vice versa. 2. LOAN Subject to the terms of this Agreement the Lender hereby grants the Borrower an unsecured loan of the Amount of $______ (the "Loan"). If the parties agree, ths and permitted assigns; (i) reference to an "Item" is a reference to an Item in the Schedule to this Agreement; (j) the head notes are for reference purposes only; and (k) reference to a person incluointly and each of them severally; (h) any reference to any of the parties of their defined terms includes the party's executors, administrators and permitted assigns, or being a company its successore) "Guarantor" means the person specified in Item 1; (f) words importing one gender shall include every gender; (g) where more than one person is the Borrower this Agreement shall bind those persons jyable (actually or contingently) by the Borrower to the Lender hereunder and where the context admits each component part; (d) "event of default" means any of the events described in this Agreement; (Mention State]; (c) "debt" means the sum from time to time of all advances outstanding together with interest thereon calculated by the Lender in accordance with this Agreement and all other monies paise requires: (a) "advance date" means the date on which such advance is made; (b) "business day" means any date on which Trading Banks and the Lender are open for ordinary business in ______________[________________of ________________________ (the "Lender") And ___________________of ________________________ (the "Borrower") IT IS AGREED: 1. DEFINITIONS In this Agreement unless the context otherw subject to the "Terms and Conditions" found at findlegalforms.com. LOAN AGREEMENT THIS LOAN AGREEMENT ("Agreement") is made the ____________________ day of _______________ 20__. By and Between: ___D AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. The use of these materials isNCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USEUSED AT YOUR OWN RISK. IN NO EVENT WILL: I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, I-IS" and "WITHOUT LIABILITY." FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS. THE MATERIALS ARE al advice. A lawyer/solicitor should be consulted for all serious legal matters. No Lawyer-Client / Solicitor-Client relationship is created by use of these materials. THESE MATERIALS ARE PROVIDED "AS. DISCLAIMER: FindLegalForms, Inc. ("FLF") is not a law firm and does not provide legal advice. The use of these materials is not a substitute for legal advice. Only a lawyer/solicitor can provide legntering an agreement. If such an advice is sought, a declaration certificate for the same should be attached to this Agreement, duly signed before the witness prescribed in the respective State's acts to be repaid on a fixed date or on the happening of an event then that date or event should be inserted. Note: It is recommended that the borrower seek independent legal and financial advice before eprovides options as to whether interest is payable or not, and whether the loan is repayable by installments. If the loan is to carry interest then the interest rate should be inserted. If the loan isvides an option to include a guarantor. A guarantor is a person who promises to pay and meet all the obligations of the borrower if the borrower fails to pay or meet those obligations. This Agreement an advanced to a borrower. Here, there is no need for the Lender to hold a collateral security over property or other assets owned by the borrower in the event of default. This Loan Agreement also proLOAN AGREEMENT Unsecured Loan with Guaranty - Fixed A Loan Agreement defines the terms and conditions under which a lender advances funds to a borrower. The document includes terms for an unsecured lo