LOAN AGREEMENT
THIS AGREEMENT is hereby entered into on this ………………day of …….……………. 20………….
BETWEEN
1. [Insert name of Party A] of [insert address]. He/she shall hereinafter be referred to as
“OBLIGOR”
AND
2. [Insert names of Party B] of [insert address]. He/she/they shall hereinafter be referred
to as referred to as “THE GUARANTORS”
NOW THESE TERMS ARE AGREED UPON BY THE PARTIES:
RECITALS
A. The obligor intends to borrow funds to finance a car loan in accordance with the
terms and conditions set forth in this Agreement and other Loan Documents.
B. The guarantors intend to cosign the car loan application pursuant to the terms of
this Agreement to enable the obligor to finance the car. The guarantors intend to
guarantee the obligor in the principal sum of [Insert principal amount in words]
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the obligor
hereby agrees as follows:
1. Loan Amount. Subject to the terms and conditions set forth in this Agreement and
the other Loan Documents, the guarantors agree to guarantee the obligor’s loan of
[Insert principal amount in words] (the “Loan”)
2. Loan Terms. The obligor agrees that the following terms and conditions shall apply
to the Loan guarantee.
i. The term of the agreement shall be the earlier of (i) 152 days from the date
of this agreement or (ii) the date upon which the obligor becomes able to
refinance the loan and pledge for payments
ii. The obligor contends that the guarantors shall cosign the car loan
application in order to get the car financed and in his possession in
accordance with the requirements of the loan
iii. The obligor agrees to refinance the car loan to absolve the guarantors of
risk by the 31 st day of January 2023
iv. The guarantors agree to be answerable for the payment of the obligor’s
loan obligation in the event of default.
v. The obligor agrees that upon the event of default as defined in the Loan
Documents, the guarantors shall be entitled to receive compensation from
the obligor on the amount as guaranteed.
3. Closing. Subject to the satisfaction of the terms and conditions set forth in Section
5 below, the closing of the transaction contemplated by this Agreement (the
“Closing”) shall take place on January 31 st , 2023 (the “Closing Date”) at such place
as mutually agreed by the parties hereto.
4. Conditions to Closing. The obligations of the obligor to proceed at the Closing are
subject to the satisfaction of the following:
i. The obligor shall have fully refinanced the loan as guaranteed by the
guarantors to absolve them of the risk that comes with the possibility of
default on the obligor’s part
5. Representations and Warranties of Borrower. The obligor is a natural person
validly existing and in good standing under the laws of Northern California. The
obligor has full power and authority to execute and deliver this Agreement and the
Loan Documents and to perform its obligations hereunder and thereunder.
The execution, delivery and performance of this Agreement and the Loan
documents have been duly authorized by obligor. Each of the documents involved
constitute the valid and legally binding obligation of the obligor, enforceable
against him in accordance with the respective terms and conditions.
The execution, delivery and performance by obligor of this Agreement and of the
Loan Documents do not and shall not (i) conflict with or result in a breach of, (ii)
result in the creation of a lien on the obligor’s assets pursuant to, (iii) give a third
party the right to modify, terminate or accelerate any obligations under or (iv)
require any authorization, exemption or other action by or notice to or filing with
a court or administrative or governmental body or agency pursuant to, any of the
constituent documents of obligor, any law, statute, rule or regulation to which the
obligor or any of its assets is subject, or any agreement, instrument, other,
judgment or decree to which the obligor is subject.
Obligor: [Insert name of obligor]
[Insert Address of obligor]
[Insert Telephone number of obligor]
[Insert Email Address of obligor]
First Guarantor: [Insert name of guarantor]
[Insert Address of guarantor]
[Insert Telephone number of guarantor]
[Insert Email Address of guarantor]
Second Guarantor: [Insert name of guarantor]
[Insert Address of guarantor]
[Insert Telephone number of guarantor]
[Insert Email Address of guarantor]
6. Non-waiver. No failure or delay on guarantor’s part in exercising any right
hereunder shall operate as a waiver thereof or any other right nor shall any single
or partial exercise of any such right preclude any other further exercise thereof or
of any other right.
7. Amendment and Waivers. This Agreement may not be amended or modified, nor
may any of its terms be waived, except by written instruments signed by the
obligor and the guarantors. Each waiver or consent under any provision hereof
shall be effective only in the specific instances for the purpose for which given.
8. Partial Invalidity. If at any time any provision of this Agreement is or becomes
illegal, invalid or unenforceable in any respect under the law or any jurisdiction,
neither the legality, validity or enforceability, of the remaining provisions of this
Agreement nor the legality, validity or enforceability of such provision under the
law of any other jurisdiction shall not in any way be affected or impaired thereby.
9. Construction. Each of this Agreement and the other Loan Documents is the result
of negotiations among and has been reviewed by the obligor and the guarantors
and their respective counsel. Accordingly, this Agreement and the other Loan
Documents shall be deemed to be the product of all parties hereto, and no
ambiguity shall be construed in favor of or against obligor or guarantors.
10. Entire Agreement. This Agreement taken together with the other Loan Documents
constitute and contain the entire agreement of obligor and guarantors and
supersede any and all prior agreements, negotiations, correspondence,
understandings and communications among the parties, whether written or oral,
respecting the subject matter hereof.
11. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of North California.
IN WITNESS whereof, the parties hereto have executed this Agreement the day and year
hereinabove written;
SIGNED by the parties: )
………………………………. ) ___________________
[Insert name – Obligor] )
)
AND-
……………………………….. )
[Insert name – First Guarantor] ) ___________________
)
)
……………………………….. ) ___________________
[Insert name – Second Guarantor] )
WITNESSED BY: – ) ___________________
[Insert name] )
)
)
[Insert Address] )
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