IN CONSIDERATION OF the MIDSTATE NOMINEES PTY LTD granting to the Applicant named above credit in accordance with the Terms and Conditions of Credit (the credit facility)
I/We (also referred to as the Guarantor(s)):
1. Guarantee the due and punctual payment to MIDSTATE NOMINEES PTY LTD of all monies which are now payable, and which are from time to time due by the Applicant to MIDSTATE NOMINEES PTY LTD under the credit facility.
2. Indemnify MIDSTATE NOMINEES PTY LTD against any losses, charges, and expenses which MIDSTATE NOMINEES PTY LTD might incur as a result of any default by the Applicant under the credit facility or the enforcement of this Guarantee, including but not limited to the costs of collection and legal costs.
I/We further agree and acknowledge that:
3. The Terms and Conditions of Credit are attached to the MIDSTATE NOMINEES PTY LTD Credit Application Form.
4. The Guarantors pledge their interest in all present and after acquired personal property in support of the guarantee. The guarantors acknowledge and accept that Midstate Nominees Pty Ltd will perform a PPSR registration in respect of their security and it will be registered as an all present and after acquired property registration.
5. The obligations under this Guarantee are continuing and will not be affected by MIDSTATE NOMINEES PTY LTD granting any extension, waiver or indulgence to the Applicant, any variation to the credit facility by MIDSTATE NOMINEES PTY LTD, the Applicant becoming subject to external administration or the refusal by MIDSTATE NOMINEES PTY LTD to supply further credit to the Applicant.
5. If there is more than one Guarantor, that the terms of this Guarantee are binding on all Guarantors jointly and severally.
7. MIDSTATE NOMINEES PTY LTD may exercise rights under this Guarantee without first having exercised or exhausted all its legal rights against the Applicant or any other Guarantor.
8. A Guarantor may revoke this Guarantee in accordance with this clause by delivering written notice to MIDSTATE NOMINEES PTY LTD.
Such a notice may be combined with notice of vacation of office within 14 days, as required under the Terms and Conditions of Credit. Revocation does not take effect until written acknowledgement of receipt of the notice by MIDSTATE NOMINEES PTY LTD. Revocation or release in respect of a Guarantor will not operate to discharge the Guarantor from any obligations with respect to liabilities
arising before the date of written acknowledgement by MIDSTATE NOMINEES PTY LTD, or operate to discharge liabilities of any other Guarantor.
9. MIDSTATE NOMINEES PTY LTD may obtain information about me/us from any credit reporting agency or credit provider for credit reference purposes and may disclose information about me/us and this Guarantee to a credit reporting agency.