Common use of Guarantees and Security Clause in Contracts

Guarantees and Security. Your Letter of Offer will tell you about any guarantees and Security required by ANZ for your loan or facility. Please be aware that: • if ANZ is holding any existing Security at the date of your Letter of Offer, and you accept the terms in your Letter of Offer, you agree to that Security also being held by ANZ as Security for the new loan or facility; • guarantee and security documents are prepared on ANZ’s normal forms. If special circumstances exist, or if ANZ considers it necessary, these forms will be changed or new guarantees or Security will be drafted to ensure there are effective guarantees and Security; • if changes to guarantees or Security or new guarantees or Security are prepared by ANZ’s solicitor, you must pay us any reasonable cost which we may incur when that happens. You can ask for a fee estimate in advance. These costs will be payable by you on the date the fees are invoiced to ANZ; • ANZ must be satisfied with the title and the guarantee and Security documents before it will provide any credit; • documentation for guarantees and Security will be prepared by ANZ’s solicitor. The ANZ solicitor is acting to protect the interest of ANZ. We recommend you instruct your own solicitor to advise you. If ANZ reasonably considers that your Letter of Offer or Security document (or a transaction in connection with it) is or contains a security interest for the purposes of PPS, you agree to do, and you agree to ensure each Guarantor does, anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which ANZ asks and considers reasonably necessary for the purposes of: • ensuring that the security interest is enforceable, perfected, and otherwise effective; • enabling ANZ to apply for any registration, or give any notification, in connection with the security interest so that the security interest has the priority required by ANZ; or • enabling ANZ to exercise rights in connection with the security interest. Costs of further steps Everything you are required to do under this Section is at your expense. You agree to pay or reimburse the reasonable costs of ANZ in connection with anything you are required to do under this Section. Costs of ANZ for the purposes of this Section include for example: • ANZ’s charges and commissions; • expenses; • fees; • costs incurred in connection with professional advisors including legal costs (calculated on a full indemnity basis) for this loan or facility or any security for it; and • taxes and duties (for example stamp duty).

Appears in 1 contract

Samples: Consumer Lending Products Terms and Conditions

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Guarantees and Security. Your Letter of Offer will tell you about any guarantees and Security required by ANZ for your loan or facility. Please be aware that: • if ANZ is holding any existing Security at the date of your Letter of Offer, and you accept the terms in your Letter of Offer, you agree to that Security also being held by ANZ as Security for the new loan or facility; • guarantee and security documents are prepared on ANZ’s normal forms. If special circumstances exist, or if ANZ considers it necessary, these forms will be changed or new guarantees or Security will be drafted to ensure there are effective guarantees and Security; • if changes to guarantees or Security or new guarantees or Security are prepared by ANZ’s 's solicitor, you must pay us any reasonable cost which we may incur when that happens. You can ask for a fee estimate in advance. These costs will be payable by you on the date the fees are invoiced to ANZ; • ANZ must be satisfied with the title and the guarantee and Security documents before it will provide any credit; • documentation for guarantees and Security will be prepared by ANZ’s solicitor. The ANZ ANZ's solicitor is acting to protect the interest of ANZ. We recommend you instruct your own solicitor to advise you. If any of the following events occur, you must notify ANZ reasonably considers that immediately: a) Occupancy of your home If your loan purpose is to purchase a home as your personal residence and you no longer personally occupy the property. b) Construction and occupancy of your home If your loan purpose is construction of a home as your personal residence and construction is not started within one year from the Date of Drawdown (or any other period set out in your Letter of Offer or Security document (or a transaction in connection with it) is or contains a security interest for the purposes of PPS, you agree to do, and you agree to ensure each Guarantor does, anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which ANZ asks and considers reasonably necessary for the purposes of: • ensuring that the security interest is enforceable, perfected, and otherwise effective; • enabling ANZ to apply for any registrationOffer), or give any notification, in connection with you no longer intend to personally occupy the security interest so that the security interest has the priority required by ANZ; or • enabling ANZ to exercise rights in connection with the security interest. Costs of further steps Everything you are required to do under this Section is at your expense. You agree to pay or reimburse the reasonable costs of ANZ in connection with anything you are required to do under this Section. Costs of ANZ for the purposes of this Section include for example: • ANZ’s charges and commissions; • expenses; • fees; • costs incurred in connection with professional advisors including legal costs (calculated on a full indemnity basis) for this loan or facility or any security for it; and • taxes and duties (for example stamp duty)property.

Appears in 1 contract

Samples: Consumer Lending Products Terms and Conditions

Guarantees and Security. Your Letter of Offer will tell you about any guarantees and Security required by ANZ for your loan or facility. Please be aware that: • if ANZ is holding any existing Security at the date of your Letter of Offer, and you accept the terms in your Letter of Offer, you agree to that Security also being held by ANZ as Security for the new loan or facility; • guarantee and security documents are prepared on ANZ’s normal forms. If special circumstances exist, or if ANZ considers it necessary, these forms will be changed or new guarantees or Security will be drafted to ensure there are effective guarantees and Security; • if changes to guarantees or Security or new guarantees or Security are prepared by ANZ’s solicitor, you must pay us any reasonable cost which we may incur when that happens. You can ask for a fee estimate in advance. These costs will be payable by you on the date the fees are invoiced to ANZ; • ANZ must be satisfied with the title and the guarantee and Security documents before it will provide any credit; • documentation for guarantees and Security will be prepared by ANZ’s solicitor. The ANZ ANZ’s solicitor is acting to protect the interest of ANZXXX. We recommend you instruct your own solicitor to advise you. If ANZ reasonably considers that your Letter of Offer or Security document (or a transaction in connection with it) is or contains a security interest for the purposes of PPS, you agree to do, and you agree to ensure each Guarantor does, anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which ANZ asks and considers reasonably necessary for the purposes of: • ensuring that the security interest is enforceable, perfected, and otherwise effective; • enabling ANZ to apply for any registration, or give any notification, in connection with the security interest so that the security interest has the priority required by ANZ; or • enabling ANZ to exercise rights in connection with the security interest. Costs of further steps Everything you are required to do under this Section is at your expense. You agree to pay or reimburse the reasonable costs of ANZ in connection with anything you are required to do under this Section. Costs of ANZ for the purposes of this Section include for example: • ANZ’s charges and commissions; • expenses; • fees; • costs incurred in connection with professional advisors including legal costs (calculated on a full indemnity basis) for this loan or facility or any security for it; and • taxes and duties (for example stamp duty). If ANZ reasonably considers that your Letter of Offer or Security document (or a transaction in connection with it) is or contains a security interest for the purposes of PPS, you agree to do, and you agree to ensure each Guarantor, does anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which ANZ asks and considers reasonably necessary for the purposes of: (a) ensuring that the security interest is enforceable, perfected, and otherwise effective; (b) enabling ANZ to apply for any registration, or give any notification, in connection with the security interest so that the security interest has the priority required by ANZ; or (c) enabling ANZ to exercise rights in connection with the security interest.

Appears in 1 contract

Samples: Consumer Lending Products Terms and Conditions

Guarantees and Security. Your Letter of Offer will tell you about any guarantees and Security required by ANZ for your loan or facility. Please be aware that: • if ANZ is holding any existing Security at the date of your Letter of Offer, and you accept the terms in your Letter of Offer, you agree to that Security also being held by ANZ as Security for the new loan or facility; • guarantee and security documents are prepared on ANZ’s normal forms. If special circumstances exist, or if ANZ considers it necessary, these forms will be changed or new guarantees or Security will be drafted to ensure there are effective guarantees and Security; • if changes to guarantees or Security or new guarantees or Security are prepared by ANZ’s 's solicitor, you must pay us any reasonable cost which we may incur when that happens. You can ask for a fee estimate in advance. These costs will be payable by you on the date the fees are invoiced to ANZ; • ANZ must be satisfied with the title and the guarantee and Security documents before it will provide any credit; • documentation for guarantees and Security will be prepared by ANZ’s solicitor. The ANZ ANZ's solicitor is acting to protect the interest of ANZXXX. We recommend you instruct your own solicitor to advise you. If any of the following events occur, you must notify ANZ reasonably considers that immediately: a) Occupancy of your home If your loan purpose is to purchase a home as your personal residence and you no longer personally occupy the property. b) Construction and occupancy of your home If your loan purpose is construction of a home as your personal residence and construction is not started within one year from the Date of Drawdown (or any other period set out in your Letter of Offer or Security document (or a transaction in connection with it) is or contains a security interest for the purposes of PPS, you agree to do, and you agree to ensure each Guarantor does, anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which ANZ asks and considers reasonably necessary for the purposes of: • ensuring that the security interest is enforceable, perfected, and otherwise effective; • enabling ANZ to apply for any registrationOffer), or give any notification, in connection with you no longer intend to personally occupy the security interest so that the security interest has the priority required by ANZ; or • enabling ANZ to exercise rights in connection with the security interest. Costs of further steps Everything you are required to do under this Section is at your expense. You agree to pay or reimburse the reasonable costs of ANZ in connection with anything you are required to do under this Section. Costs of ANZ for the purposes of this Section include for example: • ANZ’s charges and commissions; • expenses; • fees; • costs incurred in connection with professional advisors including legal costs (calculated on a full indemnity basis) for this loan or facility or any security for it; and • taxes and duties (for example stamp duty)property.

Appears in 1 contract

Samples: Consumer Lending Products Terms and Conditions

Guarantees and Security. Your Letter of Offer will tell you about any guarantees and Security required by ANZ for your loan or facility. Please be aware that: • if ANZ is holding any existing Security at the date of your Letter of Offer, and you accept the terms in your Letter of Offer, you agree to that Security also being held by ANZ as Security for the new loan or facility; • guarantee and security documents are prepared on ANZ’s normal forms. If special circumstances exist, or if ANZ considers it necessary, these forms will be changed or new guarantees or Security will be drafted to ensure there are effective guarantees and Security; • if changes to guarantees or Security or new guarantees or Security are prepared by ANZ’s solicitor, you must pay us any reasonable cost which we may incur when that happens. You can ask for a fee estimate in advance. These costs will be payable by you on the date the fees are invoiced to ANZ; • ANZ must be satisfied with the title and the guarantee and Security documents before it will provide any credit; • documentation for guarantees and Security will be prepared by ANZ’s solicitor. The ANZ solicitor is acting to protect the interest of ANZ. We recommend you instruct your own solicitor to advise you. If ANZ reasonably considers that your Letter of Offer or Security document (or a transaction in connection with it) is or contains a security interest for the purposes of PPS, you agree to do, and you agree to ensure each Guarantor does, anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which ANZ asks and considers reasonably necessary for the purposes of: • ensuring that the security interest is enforceable, perfected, perfected and otherwise effective; • enabling ANZ to apply for any registration, or give any notification, in connection with the security interest so that the security interest has the priority required by ANZ; or • enabling ANZ to exercise rights in connection with the security interest. Costs of further steps Everything you are required to do under this Section is at your expense. You agree to pay or reimburse the reasonable costs of ANZ in connection with anything you are required to do under this Section. Costs of ANZ for the purposes of this Section include for example: • ANZ’s charges and commissions; • expenses; • fees; • costs incurred in connection with professional advisors including legal costs (calculated on a full indemnity basis) for this loan or facility or any security for it; and • taxes and duties (for example stamp duty).

Appears in 1 contract

Samples: Consumer Lending Products Terms and Conditions

Guarantees and Security. Your Letter of Offer will tell you about any guarantees and Security required by ANZ for your loan or facility. Please be aware that: • if ANZ is holding any existing Security at the date of your Letter of Offer, and you accept the terms in your Letter of Offer, you agree to that Security also being held by ANZ as Security for the new loan or facility; • guarantee and security documents are prepared on ANZ’s normal forms. If special circumstances exist, or if ANZ considers it necessary, these forms will be changed or new guarantees or Security will be drafted to ensure there are effective guarantees and Security; • if changes to guarantees or Security or new guarantees or Security are prepared by outside ANZ’s solicitor, you must pay us to ANZ any reasonable cost external fees which we may incur when that happensare incurred. You can ask for a fee quote or an estimate in advance. These costs and the fees will be payable by you on the date the fees they are invoiced to ANZ; • ANZ must be satisfied with the title and the guarantee and Security documents before it will provide any credit; • documentation for guarantees and Security will be prepared by ANZ’s solicitor. The ANZ solicitor is acting to protect the interest of ANZ. We recommend you instruct your own solicitor to advise you. If ANZ reasonably considers that You must pay any applicable stamp duty and registration fees on or before drawdown of your Letter of Offer loan. You may also need to pay government fees and stamp duty when any Security you are providing is discharged. In addition, you may also need to pay any other costs required by any legislative or Security document (or a transaction regulatory provision in connection with it) is or contains a security interest order for the purposes of PPS, you agree Security to do, and you agree to ensure each Guarantor does, anything be effected (such as obtaining consentstransfer fees, signing and producing documentscustom owner fees, getting documents completed and signed and supplying information) which ANZ asks and considers reasonably necessary for land rents etc), as the purposes of: • ensuring that the security interest is enforceable, perfected, and otherwise effective; • enabling ANZ to apply for any registration, or give any notification, in connection with the security interest so that the security interest has the priority required by ANZ; or • enabling ANZ to exercise rights in connection with the security interestregistration cannot proceed without these being met. Costs of further steps Everything you are required to do under this Section is at your expense. You agree to pay or reimburse the reasonable costs of ANZ in connection with anything you are required to do under this Section. Costs of ANZ for the purposes of this Section include for example: • ANZ’s charges and commissions; • expenses; • fees; • costs incurred in connection with professional advisors including legal costs (calculated on a full indemnity basis) for this loan or facility or any security for it; and • taxes and duties (for example stamp duty). If ANZ reasonably considers that your Letter of Offer or Security document (or a transaction in connection with it) is or contains a security interest for the purposes of PPS, you agree to do, and you agree to ensure each Guarantor, does anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which ANZ asks and considers reasonably necessary for the purposes of: (a) ensuring that the security interest is enforceable, perfected, and otherwise effective; (b) enabling ANZ to apply for any registration, or give any notification, in connection with the security interest so that the security interest has the priority required by ANZ; or (c) enabling ANZ to exercise rights in connection with the security interest.

Appears in 1 contract

Samples: Consumer Lending Products Terms and Conditions

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Guarantees and Security. Your Letter of Offer will tell you about any guarantees and Security required by ANZ for your loan or facility. Please be aware that: • if ANZ is holding any existing Security at the date of your Letter of Offer, and you accept the terms in your Letter of Offer, you agree to that Security also being held by ANZ as Security for the new loan or facility; • guarantee and security documents are prepared on ANZ’s normal forms. If special circumstances exist, or if ANZ considers it necessary, these forms will be changed or new guarantees or Security will be drafted to ensure there are effective guarantees and Security; • if changes to guarantees or Security or new guarantees or Security are prepared by outside ANZ’s solicitor, you must pay us to ANZ any reasonable cost external fees which we may incur when that happensare incurred. You can ask for a fee quote or an estimate in advance. These costs and the fees will be payable by you on the date the fees they are invoiced to ANZ; • ANZ must be satisfied with the title and the guarantee and Security documents before it will provide any credit; • documentation for guarantees and Security will be prepared by ANZ’s solicitor. The ANZ solicitor is acting to protect the interest of ANZ. We recommend you instruct your own solicitor to advise you. If ANZ reasonably considers that You must pay any registration fees on or before drawdown of your Letter of Offer loan. You may also need to pay government fees when any Security you are providing is discharged. In addition, you may also need to pay any other costs required by any legislative or Security document (or a transaction regulatory provision in connection with it) is or contains a security interest order for the purposes of PPS, you agree Security to do, and you agree to ensure each Guarantor does, anything be effected (such as obtaining consentstransfer fees, signing and producing documentscustom owner fees, getting documents completed and signed and supplying information) which ANZ asks and considers reasonably necessary for land rents etc), as the purposes of: • ensuring that the security interest is enforceable, perfected, and otherwise effective; • enabling ANZ to apply for any registration, or give any notification, in connection with the security interest so that the security interest has the priority required by ANZ; or • enabling ANZ to exercise rights in connection with the security interest. Costs of further steps Everything you are required to do under this Section is at your expense. You agree to pay or reimburse the reasonable costs of ANZ in connection with anything you are required to do under this Section. Costs of ANZ for the purposes of this Section include for example: • ANZ’s charges and commissions; • expenses; • fees; • costs incurred in connection with professional advisors including legal costs (calculated on a full indemnity basis) for this loan or facility or any security for it; and • taxes and duties (for example stamp duty)registration cannot proceed without these being met.

Appears in 1 contract

Samples: Consumer Lending Products Terms and Conditions

Guarantees and Security. Your Letter of Offer will tell you about any guarantees and Security required by ANZ for your loan or facility. Please be aware that: • if ANZ is holding any existing Security at the date of your Letter of Offer, and you accept the terms in your Letter of Offer, you agree to that Security also being held by ANZ as Security for the new loan or facility; • guarantee and security documents are prepared on ANZ’s normal forms. If special circumstances exist, or if ANZ considers it necessary, these forms will be changed or new guarantees or Security will be drafted to ensure there are effective guarantees and Security; • if changes to guarantees or Security or new guarantees or Security are prepared by outside ANZ’s solicitor, you must pay us to ANZ any reasonable cost external fees which we may incur when that happensare incurred. You can ask for a fee quote or an estimate in advance. These costs and the fees will be payable by you on the date the fees they are invoiced to ANZ; • ANZ must be satisfied with the title and the guarantee and Security documents before it will provide any credit; • documentation for guarantees and Security will be prepared by ANZ’s solicitor. The ANZ solicitor is acting to protect the interest of ANZ. We recommend you instruct your own solicitor to advise you. You must pay any applicable stamp duty and registration fees on or before drawdown of your loan. You may also need to pay government fees and stamp duty when any Security you are providing is discharged. In addition, you may also need to pay any other costs required by any legislative or regulatory provision in order for the Security to be effected (such as transfer fees, custom owner fees, land rents etc), as the registration cannot proceed without these being met. If ANZ reasonably considers that your Letter of Offer or Security document (or a transaction in connection with it) is or contains a security interest for the purposes of PPS, you agree to do, and you agree to ensure each Guarantor does, anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which ANZ asks and considers reasonably necessary for the purposes of: • ensuring that the security interest is enforceable, perfected, perfected and otherwise effective; • enabling ANZ to apply for any registration, or give any notification, in connection with the security interest so that the security interest has the priority required by ANZ; or • enabling ANZ to exercise rights in connection with the security interest. Costs of further steps Everything you are required to do under this Section is at your expense. You agree to pay or reimburse the reasonable costs of ANZ in connection with anything you are required to do under this Section. Costs of ANZ for the purposes of this Section include for example: • ANZ’s charges and commissions; • expenses; • fees; • costs incurred in connection with professional advisors including legal costs (calculated on a full indemnity basis) for this loan or facility or any security for it; and • taxes and duties (for example stamp duty).

Appears in 1 contract

Samples: Consumer Lending Products Terms and Conditions

Guarantees and Security. Your Letter of Offer will tell you about any guarantees and Security required by ANZ for your loan or facility. Please be aware that: • if ANZ is holding any existing Security at the date of your Letter of Offer, and you accept the terms in your Letter of Offer, you agree to that Security also being held by ANZ as Security for the new loan or facility; • guarantee and security documents are prepared on ANZ’s normal forms. If special circumstances exist, or if ANZ considers it necessary, these forms will be changed or new guarantees or Security will be drafted to ensure there are effective guarantees and Security; • if changes to guarantees or Security or new guarantees or Security are prepared by outside ANZ’s solicitor, you must pay us to ANZ any reasonable cost external fees which we may incur when that happensare incurred. You can ask for a fee quote or an estimate in advance. These costs and the fees will be payable by you on the date the fees they are invoiced to ANZ; • ANZ must be satisfied with the title and the guarantee and Security documents before it will provide any credit; • documentation for guarantees and Security will be prepared by ANZ’s solicitor. The ANZ solicitor is acting to protect the interest of ANZ. We recommend you instruct your own solicitor to advise you. If ANZ reasonably considers You must pay any registration fees by the Date of Drawdown or the date that your Letter of Offer the facility starts. You may also need to pay government fees when any Security you are providing is discharged. In addition, you may also need to pay any other costs required by any legislative or Security document (or a transaction regulatory provision in connection with it) is or contains a security interest order for the purposes of PPS, you agree Security to do, and you agree to ensure each Guarantor does, anything be effected (such as obtaining consentstransfer fees, signing and producing documentscustom owner fees, getting documents completed and signed and supplying information) which ANZ asks and considers reasonably necessary for land rents etc), as the purposes of: • ensuring that the security interest is enforceable, perfected, and otherwise effective; • enabling ANZ to apply for any registration, or give any notification, in connection with the security interest so that the security interest has the priority required by ANZ; or • enabling ANZ to exercise rights in connection with the security interest. Costs of further steps Everything you are required to do under this Section is at your expense. You agree to pay or reimburse the reasonable costs of ANZ in connection with anything you are required to do under this Section. Costs of ANZ for the purposes of this Section include for example: • ANZ’s charges and commissions; • expenses; • fees; • costs incurred in connection with professional advisors including legal costs (calculated on a full indemnity basis) for this loan or facility or any security for it; and • taxes and duties (for example stamp duty)registration cannot proceed without these being met.

Appears in 1 contract

Samples: Consumer Lending Agreement

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