SUMMARY
We agree to make a loan to you.
You agree to repay the loan and
interest and your guarantor
personally guarantees that you will
do so.
CONTENTS
Parties & Signatures 1
Agreement Details 3
Agreement Terms 5
USING THIS DOCUMENT
Fill-in with Adobe Reader, free at
http://get.adobe.com/reader/.
This document is of a general
nature only and may not be
suitable in all circumstances.
LOAN AGREEMENT
BETWEEN
LENDER, BORROWER
& GUARANTOR
© Legal Zebra 2015 | Form 7131 | www.legalzebra.com.au
SAMPLE
LOAN AGREEMENT | Page 1 of 6
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Parties & Signatures
A. LENDER Also referred to as we, our or us
PARTY DETAILS
Fill in this party’s details. If the
party is a company or has a
business or registration number
then insert it to properly identify
the party.
The Lender is also referred to in
this document as we, our or us.
NAME AND BUSINESS NUMBER OF LENDER
STREET ADDRESS OF LENDER
EMAIL ADDRESS OF LENDER
Signed for or by the Lender SIGNING INSTRUCTIONS
The Lender should sign here.
If the Lender is a company with
one officer the director should
sign. If it is a company with more
than one officer, two directors or
a director and secretary should
sign.
 
SIGNATURE/S DATE OF SIGNING
 
NAME/S OF PERSON/S SIGNING TITLE/S (EG DIRECTOR)
B. BORROWER Also referred to as you or your
PARTY DETAILS
Fill in this party’s details. If the
party is a company or has a
business or registration number
then insert it to properly identify
the party.
The Borrower is also referred to
in this document as you or your.
NAME AND BUSINESS NUMBER OF BORROWER
STREET ADDRESS OF BORROWER
EMAIL ADDRESS OF BORROWER
Signed for or by the Borrower SIGNING INSTRUCTIONS
The Borrower should sign here.
If the Borrower is a company with
one officer the director should
sign. If it is a company with more
than one officer, two directors or
a director and secretary should
sign.
 
SIGNATURE/S DATE OF SIGNING
 
NAME/S OF PERSON/S SIGNING TITLE/S (EG DIRECTOR)
© Legal Zebra 2015 | Form 7131 | www.legalzebra.com.au
LOAN AGREEMENT | Page 2 of 6
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C. GUARANTOR Also referred to as your guarantor
PARTY DETAILS
Fill in this party’s details. If the
party is a company or has a
business or registration number
then insert it to properly identify
the party.
The Guarantor is also referred to
in this document as your
guarantor.
NAME AND BUSINESS NUMBER OF GUARANTOR
STREET ADDRESS OF GUARANTOR
EMAIL ADDRESS OF GUARANTOR
Signed for or by the Guarantor SIGNING INSTRUCTIONS
The Guarantor should sign here.
If the Guarantor is a company
with one officer the director
should sign. If it is a company
with more than one officer, two
directors or a director and
secretary should sign.
 
SIGNATURE/S DATE OF SIGNING
 
NAME/S OF PERSON/S SIGNING TITLE/S (EG DIRECTOR)
© Legal Zebra 2015 | Form 7131 | www.legalzebra.com.au
LOAN AGREEMENT | Page 3 of 6
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Agreement Details
1. LOAN TERMS
1.1 Principal amount PRINCIPAL AMOUNT
Specify the amount of the loan.
E.g., “$50,000”.
1.2. Loan purpose (if any) LOAN PURPOSE
Specify the purpose for the loan.
E.g., “To buy equipment for the
Borrower’s business”.
1.3 Loan date LOAN DATE
Specify the date the loan is to be
made. E.g., “1 January 2015” or
“On signing this Agreement”.
1.4 Basic interest rate BASIC INTEREST RATE
Specify the basic interest rate if
there is no default in payment.
E.g., “10% per annum” or “12%
per annum”.
1.5 Default interest rate DEFAULT INTEREST RATE
Specify the default interest rate
applicable on late payments.
E.g., “15% per annum”.
1.6 Times for payment of interest TIME FOR PAYMENT
Specify when interest is due.
E.g., “Every 3 calendar months
after the loan date”.
1.7 Security agreement (if any) SECURITY AGREEMENT
Insert the details of any separate
security agreement that secures
the loan. E.g., “A Security
Agreement between the parties
entered into on the date of this
Agreement”.
1.8 Repayment date(s) REPAYMENT DATES
Specify the date the loan must be
repaid. E.g., “50% of the principal
amount is due on 1 January 2018
and 50% is due on 1 January
2020.”
1.9 Early repayments EARLY REPAYMENTS
Select either A or B as
applicable.
Early repayments will reduce the
interest due on the loan, if they
are permitted.
A You are permitted to make early repayments.
B You are not permitted to make early repayments.
© Legal Zebra 2015 | Form 7131 | www.legalzebra.com.au
LOAN AGREEMENT | Page 4 of 6
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2. GENERAL PROVISIONS
2.1 Jurisdiction JURISDICTION
Fill in the applicable jurisdiction
for governing law and disputes,
e.g., “Victoria, Australia”.
2.2 Additional terms VARYING STANDARD TERMS
This section can be used to add
to or vary the Agreement Terms.
E.g., “Clause ## is deleted”.
E.g., “Clause ## is amended to
read ‘…’ instead of ‘…’”.
E.g., “An additional clause is
added stating ‘…’”.
© Legal Zebra 2015 | Form 7131 | www.legalzebra.com.au
LOAN AGREEMENT | Page 5 of 6
Agreement Terms
OVERVIEW
1. This Agreement
This Agreement consists of the following
sections:
• the Parties & Signatures;
• the Agreement Details; and
• these Agreement Terms.
2. Parties
The parties to this Agreement include the:
• Lender (referred to as we, our or us);
• Borrower (referred to as you or your); and
• Guarantor (referred to as your guarantor).
LOAN TERMS
3. Loan
We agree to loan you the principal amount for
the loan purpose on the loan date stated in the
Agreement Details.
The amount owing under this Agreement
means the total amount you owe us at any
time and includes any unpaid part of:
• the principal amount;
• the accrued interest; and
• any other amounts you owe us.
4. Interest
us earlier under clause 8 if you are in default.
7. Early repayments
The Agreement Details state whether you are
permitted to make early repayments. If early
repayments are:
• permitted then we will immediately apply
any early repayments you make to reduce
the amount owing; or
• not permitted, even if you make early
repayments, we will not apply them to
reduce the amount owing until the payments
are due.
8. Repayment due if you are in default
If you are in default, the amount owing is
immediately due and payable on our written
demand.
You are taken to be in default under this
Agreement if:
• you use the principal amount for any
purpose other than the loan purpose stated
in the Agreement Details.
• you fail to pay an amount due in accordance
with this Agreement;
• you breach this Agreement or the security
agreement or, if it is possible to rectify the
breach, you fail to rectify the breach within 7
days after we send you a notice requiring
you to do so;
• this Agreement or the security agreement
becomes wholly or partly void, voidable or
unenforceable;
• you or your guarantor die or become
permanently incapacitated;
• you or your guarantor are convicted of a
criminal offence; or
• you or your guarantor are insolvent.
9. Definition of insolvent
You are taken to be insolvent if:
• (if you are an individual) you are bankrupt or
enter into a compromise or arrangement
with your creditors;
• you are, or will become, unable to pay your
debts as they fall due;
• (if you are a company) you have a receiver,
receiver and manager, judicial manager,
SAMPLE
LOAN AGREEMENT | Page 6 of 6
administrator, liquidator or like official
appointed over the whole or a substantial
part of your property; or
• (if you are a company) you propose, or take
steps to implement, a scheme or
arrangement or other compromise with your
creditors or any class of them.
Similarly, if any of the above occurs in relation
to your guarantor then it is taken to be
insolvent.
10. Costs
You are liable for the following loan costs
(unless otherwise agreed in writing):
• the reasonable costs of registering our
rights under this Agreement and the security
agreement (if any) on the Personal Property
Securities Register;
• our reasonable legal and other professional
fees in connection with the negotiation,
preparation, stamping, registration and
signing of this Agreement and the security
agreement (if any);
• any stamp duty (or similar duty) paid or
payable in connection with this Agreement;
• our reasonable costs of enforcing this
Agreement.
You agree in relation to the loan costs that:
• we are authorised to deduct them from the
principal amount before advancing it to you;
or
• if they are not deducted from the principal
amount, you will pay them to us within 7
days of our written request.
GUARANTEE
11. Guarantor’s obligations
We have entered into this Agreement at the
request of your guarantor. In consideration for
us agreeing to enter into this Agreement, your
• us agreeing not to sue you or your
guarantor or us granting either of you any
extension of time or other indulgence;
• any assignment or variation of this
Agreement; or
• your guarantor’s failure to sign this
Agreement properly.
GENERAL PROVISIONS
13. Additional terms
The additional terms (if any) in the Agreement
Details take priority over these Agreement
Terms and may be used to supplement or vary
them.
14. Further co-operation
Each party must do anything (including
executing a document) another party
reasonably requires in writing to give full effect
to this Agreement and the transactions it
contemplates.
15. Joint and several
If a party consists of one or more persons or
an obligation applies to one or more persons,
this Agreement binds them jointly and each of
them severally.
16. Jurisdiction
This Agreement is governed by the laws of the
jurisdiction specified in the Agreement Details
and the parties submit to the resolution of
disputes exclusively by the courts in the
jurisdiction.
17. Assignment
No party may assign its rights or obligations
under this document without the written
consent of the other parties. A party must not
unreasonably withhold or delay its consent.
18. Signing of separate copies
This document will be treated as properly
signed if each party signs it or if the parties
sign separate but identical documents in which
case this document will take effect when the
separately signed documents are exchanged
between the parties.
19. Contact details for notices
The parties official contact details for notices
under this document are set out in the Parties
& Signatures section of this document but can
be changed at any time by a party giving
written notice of the change.
END OF THE AGREEMENT TERMS
SAMPLE

Loan agreement between lender, borrower & guarantor - Template Sample

  • 1.
    SUMMARY We agree tomake a loan to you. You agree to repay the loan and interest and your guarantor personally guarantees that you will do so. CONTENTS Parties & Signatures 1 Agreement Details 3 Agreement Terms 5 USING THIS DOCUMENT Fill-in with Adobe Reader, free at http://get.adobe.com/reader/. This document is of a general nature only and may not be suitable in all circumstances. LOAN AGREEMENT BETWEEN LENDER, BORROWER & GUARANTOR © Legal Zebra 2015 | Form 7131 | www.legalzebra.com.au SAMPLE
  • 2.
    LOAN AGREEMENT |Page 1 of 6 These instructions do not print.These instructions do not print. Parties & Signatures A. LENDER Also referred to as we, our or us PARTY DETAILS Fill in this party’s details. If the party is a company or has a business or registration number then insert it to properly identify the party. The Lender is also referred to in this document as we, our or us. NAME AND BUSINESS NUMBER OF LENDER STREET ADDRESS OF LENDER EMAIL ADDRESS OF LENDER Signed for or by the Lender SIGNING INSTRUCTIONS The Lender should sign here. If the Lender is a company with one officer the director should sign. If it is a company with more than one officer, two directors or a director and secretary should sign.   SIGNATURE/S DATE OF SIGNING   NAME/S OF PERSON/S SIGNING TITLE/S (EG DIRECTOR) B. BORROWER Also referred to as you or your PARTY DETAILS Fill in this party’s details. If the party is a company or has a business or registration number then insert it to properly identify the party. The Borrower is also referred to in this document as you or your. NAME AND BUSINESS NUMBER OF BORROWER STREET ADDRESS OF BORROWER EMAIL ADDRESS OF BORROWER Signed for or by the Borrower SIGNING INSTRUCTIONS The Borrower should sign here. If the Borrower is a company with one officer the director should sign. If it is a company with more than one officer, two directors or a director and secretary should sign.   SIGNATURE/S DATE OF SIGNING   NAME/S OF PERSON/S SIGNING TITLE/S (EG DIRECTOR) © Legal Zebra 2015 | Form 7131 | www.legalzebra.com.au
  • 3.
    LOAN AGREEMENT |Page 2 of 6 These instructions do not print. C. GUARANTOR Also referred to as your guarantor PARTY DETAILS Fill in this party’s details. If the party is a company or has a business or registration number then insert it to properly identify the party. The Guarantor is also referred to in this document as your guarantor. NAME AND BUSINESS NUMBER OF GUARANTOR STREET ADDRESS OF GUARANTOR EMAIL ADDRESS OF GUARANTOR Signed for or by the Guarantor SIGNING INSTRUCTIONS The Guarantor should sign here. If the Guarantor is a company with one officer the director should sign. If it is a company with more than one officer, two directors or a director and secretary should sign.   SIGNATURE/S DATE OF SIGNING   NAME/S OF PERSON/S SIGNING TITLE/S (EG DIRECTOR) © Legal Zebra 2015 | Form 7131 | www.legalzebra.com.au
  • 4.
    LOAN AGREEMENT |Page 3 of 6 These instructions do not print.These instructions do not print. Agreement Details 1. LOAN TERMS 1.1 Principal amount PRINCIPAL AMOUNT Specify the amount of the loan. E.g., “$50,000”. 1.2. Loan purpose (if any) LOAN PURPOSE Specify the purpose for the loan. E.g., “To buy equipment for the Borrower’s business”. 1.3 Loan date LOAN DATE Specify the date the loan is to be made. E.g., “1 January 2015” or “On signing this Agreement”. 1.4 Basic interest rate BASIC INTEREST RATE Specify the basic interest rate if there is no default in payment. E.g., “10% per annum” or “12% per annum”. 1.5 Default interest rate DEFAULT INTEREST RATE Specify the default interest rate applicable on late payments. E.g., “15% per annum”. 1.6 Times for payment of interest TIME FOR PAYMENT Specify when interest is due. E.g., “Every 3 calendar months after the loan date”. 1.7 Security agreement (if any) SECURITY AGREEMENT Insert the details of any separate security agreement that secures the loan. E.g., “A Security Agreement between the parties entered into on the date of this Agreement”. 1.8 Repayment date(s) REPAYMENT DATES Specify the date the loan must be repaid. E.g., “50% of the principal amount is due on 1 January 2018 and 50% is due on 1 January 2020.” 1.9 Early repayments EARLY REPAYMENTS Select either A or B as applicable. Early repayments will reduce the interest due on the loan, if they are permitted. A You are permitted to make early repayments. B You are not permitted to make early repayments. © Legal Zebra 2015 | Form 7131 | www.legalzebra.com.au
  • 5.
    LOAN AGREEMENT |Page 4 of 6 These instructions do not print. 2. GENERAL PROVISIONS 2.1 Jurisdiction JURISDICTION Fill in the applicable jurisdiction for governing law and disputes, e.g., “Victoria, Australia”. 2.2 Additional terms VARYING STANDARD TERMS This section can be used to add to or vary the Agreement Terms. E.g., “Clause ## is deleted”. E.g., “Clause ## is amended to read ‘…’ instead of ‘…’”. E.g., “An additional clause is added stating ‘…’”. © Legal Zebra 2015 | Form 7131 | www.legalzebra.com.au
  • 6.
    LOAN AGREEMENT |Page 5 of 6 Agreement Terms OVERVIEW 1. This Agreement This Agreement consists of the following sections: • the Parties & Signatures; • the Agreement Details; and • these Agreement Terms. 2. Parties The parties to this Agreement include the: • Lender (referred to as we, our or us); • Borrower (referred to as you or your); and • Guarantor (referred to as your guarantor). LOAN TERMS 3. Loan We agree to loan you the principal amount for the loan purpose on the loan date stated in the Agreement Details. The amount owing under this Agreement means the total amount you owe us at any time and includes any unpaid part of: • the principal amount; • the accrued interest; and • any other amounts you owe us. 4. Interest us earlier under clause 8 if you are in default. 7. Early repayments The Agreement Details state whether you are permitted to make early repayments. If early repayments are: • permitted then we will immediately apply any early repayments you make to reduce the amount owing; or • not permitted, even if you make early repayments, we will not apply them to reduce the amount owing until the payments are due. 8. Repayment due if you are in default If you are in default, the amount owing is immediately due and payable on our written demand. You are taken to be in default under this Agreement if: • you use the principal amount for any purpose other than the loan purpose stated in the Agreement Details. • you fail to pay an amount due in accordance with this Agreement; • you breach this Agreement or the security agreement or, if it is possible to rectify the breach, you fail to rectify the breach within 7 days after we send you a notice requiring you to do so; • this Agreement or the security agreement becomes wholly or partly void, voidable or unenforceable; • you or your guarantor die or become permanently incapacitated; • you or your guarantor are convicted of a criminal offence; or • you or your guarantor are insolvent. 9. Definition of insolvent You are taken to be insolvent if: • (if you are an individual) you are bankrupt or enter into a compromise or arrangement with your creditors; • you are, or will become, unable to pay your debts as they fall due; • (if you are a company) you have a receiver, receiver and manager, judicial manager, SAMPLE
  • 7.
    LOAN AGREEMENT |Page 6 of 6 administrator, liquidator or like official appointed over the whole or a substantial part of your property; or • (if you are a company) you propose, or take steps to implement, a scheme or arrangement or other compromise with your creditors or any class of them. Similarly, if any of the above occurs in relation to your guarantor then it is taken to be insolvent. 10. Costs You are liable for the following loan costs (unless otherwise agreed in writing): • the reasonable costs of registering our rights under this Agreement and the security agreement (if any) on the Personal Property Securities Register; • our reasonable legal and other professional fees in connection with the negotiation, preparation, stamping, registration and signing of this Agreement and the security agreement (if any); • any stamp duty (or similar duty) paid or payable in connection with this Agreement; • our reasonable costs of enforcing this Agreement. You agree in relation to the loan costs that: • we are authorised to deduct them from the principal amount before advancing it to you; or • if they are not deducted from the principal amount, you will pay them to us within 7 days of our written request. GUARANTEE 11. Guarantor’s obligations We have entered into this Agreement at the request of your guarantor. In consideration for us agreeing to enter into this Agreement, your • us agreeing not to sue you or your guarantor or us granting either of you any extension of time or other indulgence; • any assignment or variation of this Agreement; or • your guarantor’s failure to sign this Agreement properly. GENERAL PROVISIONS 13. Additional terms The additional terms (if any) in the Agreement Details take priority over these Agreement Terms and may be used to supplement or vary them. 14. Further co-operation Each party must do anything (including executing a document) another party reasonably requires in writing to give full effect to this Agreement and the transactions it contemplates. 15. Joint and several If a party consists of one or more persons or an obligation applies to one or more persons, this Agreement binds them jointly and each of them severally. 16. Jurisdiction This Agreement is governed by the laws of the jurisdiction specified in the Agreement Details and the parties submit to the resolution of disputes exclusively by the courts in the jurisdiction. 17. Assignment No party may assign its rights or obligations under this document without the written consent of the other parties. A party must not unreasonably withhold or delay its consent. 18. Signing of separate copies This document will be treated as properly signed if each party signs it or if the parties sign separate but identical documents in which case this document will take effect when the separately signed documents are exchanged between the parties. 19. Contact details for notices The parties official contact details for notices under this document are set out in the Parties & Signatures section of this document but can be changed at any time by a party giving written notice of the change. END OF THE AGREEMENT TERMS SAMPLE