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Personal Guarantee Agreement
"I need a Personal Guarantee Agreement under Dutch law where a parent company guarantees the lease payment obligations of its subsidiary for a commercial property, with a liability cap of €500,000 and the guarantee expiring on 31 March 2025."
1. Parties: Identification of the Guarantor, the Creditor, and reference to the Principal Debtor
2. Background: Context of the guarantee, including reference to the principal debt/obligation being guaranteed
3. Definitions: Definitions of key terms used throughout the agreement
4. Guarantee: Core guarantee provisions, including scope and nature of the guaranteed obligations
5. Limit of Liability: Maximum amount of the Guarantor's liability and any limitations
6. Duration: Term of the guarantee and conditions for termination
7. Guarantor's Obligations: Detailed obligations of the Guarantor, including payment terms and conditions
8. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority
9. Enforcement: Circumstances and process for enforcing the guarantee
10. Notices: Communication requirements and contact details
11. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
1. Consumer Protection Provisions: Required when the Guarantor is a natural person acting outside their profession/business
2. Security Rights: Include when additional security is provided alongside the guarantee
3. Financial Covenants: Include when the Guarantor must maintain specific financial conditions
4. Information Rights: Include when the Creditor requires ongoing financial information from the Guarantor
5. Multiple Guarantors: Required when there is more than one Guarantor, addressing joint and several liability
6. Assignment and Transfer: Include when transfer rights need to be specifically addressed
7. Costs and Expenses: Include when specific cost allocation needs to be addressed
1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed
2. Schedule 2 - Principal Agreement: Copy or summary of the underlying agreement giving rise to the guaranteed obligations
3. Schedule 3 - Form of Demand: Template for making a demand under the guarantee
4. Appendix A - Financial Statements: Latest financial statements of the Guarantor (if required)
5. Appendix B - Corporate Authorizations: Corporate resolutions or powers of attorney (if Guarantor is a legal entity)
Authors
Business Day
Creditor
Default Event
Demand
Effective Date
Enforcement Event
Financial Indebtedness
Guarantee
Guaranteed Obligations
Guarantor
Insolvency Event
Liability Cap
Maximum Guaranteed Amount
Obligor
Party/Parties
Payment Date
Principal Agreement
Principal Debtor
Principal Obligations
Security
Secured Obligations
Termination Date
Working Day
Written Notice
Representations and Warranties
Payment Obligations
Indemnification
Liability Limitations
Duration
Termination
Enforcement
Default
Assignment
Notices
Confidentiality
Costs and Expenses
Severability
Amendments
Waiver
Force Majeure
Information Rights
Consumer Protection
Security Rights
Multiple Guarantors
Set-off Rights
Governing Law
Jurisdiction
Entire Agreement
Banking and Financial Services
Real Estate
Commercial Lending
Construction
Manufacturing
Wholesale and Distribution
Professional Services
Technology
Retail
Healthcare
Legal
Finance
Risk Management
Credit Control
Treasury
Commercial
Compliance
Corporate Secretariat
Business Development
Operations
Chief Financial Officer
Finance Director
Legal Counsel
Risk Manager
Credit Manager
Commercial Director
Managing Director
Company Secretary
Treasury Manager
Financial Controller
Business Development Manager
Compliance Officer
Corporate Lawyer
Banking Relationship Manager
Credit Risk Officer
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