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Personal Guarantee Form
"I need a Personal Guarantee Form under Dutch law where a company director will personally guarantee a €500,000 business loan from ABC Bank, with the guarantee period starting from March 1, 2025, and including specific provisions for staged drawdown of the loan."
1. Parties: Identification of the Guarantor (borgsteller), the Creditor (schuldeiser), and the Principal Debtor (hoofdschuldenaar)
2. Background: Context of the guarantee, including reference to the main obligation or agreement being guaranteed
3. Definitions: Key terms used in the guarantee agreement, including 'Guaranteed Obligations', 'Maximum Amount', and 'Guarantee Period'
4. Guarantee: Core guarantee provision, specifying the scope and nature of the guaranteed obligations
5. Maximum Liability: Clear statement of the maximum amount for which the guarantor can be held liable
6. Duration: Term of the guarantee and any conditions for termination
7. Guarantor's Obligations: Detailed description of when and how the guarantee can be called upon
8. Creditor's Rights: Rights of the creditor in relation to enforcing the guarantee
9. Representations and Warranties: Guarantor's confirmations regarding capacity and authority to enter into the guarantee
10. Notices: Process for serving notices under the guarantee
11. Governing Law and Jurisdiction: Confirmation of Dutch law as governing law and jurisdiction for disputes
1. Security: Include when the guarantee is secured by specific assets
2. Multiple Guarantors: Include when there is more than one guarantor, specifying joint and several liability
3. Subordination: Include when the guarantee needs to be subordinated to other obligations
4. Tax Gross-up: Include when tax implications need to be addressed explicitly
5. Financial Covenants: Include when the guarantor must maintain certain financial conditions
6. Assignment and Transfer: Include when transfer rights need to be specifically addressed
7. Independent Obligation: Include when emphasizing the independent nature of the guarantee is particularly important
1. Schedule 1 - Form of Demand: Template for making a demand under the guarantee
2. Schedule 2 - Underlying Agreement: Copy or summary of the main agreement being guaranteed
3. Schedule 3 - Guarantor's Certificate of Financial Position: If required, a statement of the guarantor's financial position
4. Appendix A - Spousal Consent: If required under Dutch law, consent from guarantor's spouse
5. Appendix B - Corporate Authorization: If the guarantor is a company, corporate approvals for the guarantee
Authors
Business Day
Creditor
Default Event
Demand
Effective Date
Enforcement Event
Guaranteed Obligations
Guarantor
Interest Rate
Liability Cap
Maximum Amount
Original Agreement
Payment Currency
Principal Debtor
Principal Obligations
Secured Obligations
Security
Termination Date
Underlying Agreement
Working Hours
Payment Terms
Enforcement Rights
Representations and Warranties
Liability Limitations
Duration and Termination
Default Events
Notice Requirements
Assignment
Amendments
Severability
Waiver
Entire Agreement
Governing Law
Jurisdiction
Costs and Expenses
Set-off Rights
Performance Obligations
Indemnification
Survival
Independence of Guarantee
Subordination
Further Assurance
Capacity and Authority
Execution Requirements
Banking
Financial Services
Real Estate
Commercial Lending
Small Business Services
Corporate Finance
Retail Banking
Investment Services
Construction
Manufacturing
Legal
Credit Risk
Commercial Banking
Corporate Finance
Compliance
Contract Administration
Business Development
Account Management
Credit Administration
Risk Management
Credit Manager
Risk Officer
Legal Counsel
Corporate Lawyer
Banking Officer
Relationship Manager
Credit Analyst
Compliance Officer
Contract Manager
Financial Controller
Commercial Director
Business Development Manager
Account Manager
Loan Officer
Legal Administrator
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