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Personal Guaranty Agreement
"I need a Personal Guaranty Agreement under German law where a parent company guarantees a €2 million business loan taken by its subsidiary, with the guarantee period starting from March 1, 2025, and including specific provisions for partial releases as loan repayments are made."
1. Parties: Identification of the Guarantor, the Creditor, and reference to the Primary Debtor
2. Background: Description of the underlying obligation being guaranteed and the relationship between the parties
3. Definitions: Key terms used in the agreement including 'Guaranteed Obligations', 'Primary Debtor', 'Guarantee Period'
4. Guarantee: Core guarantee provisions including scope, nature (absolute/conditional), and maximum liability amount
5. Payment Obligations: Terms regarding timing, method, and currency of payments under the guarantee
6. Duration and Enforcement: Period of validity and conditions for enforcing the guarantee
7. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and understanding of obligations
8. Notices: Communication requirements and contact details for formal notices
9. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
1. Independent Guarantee Declaration: Additional section for cases where the guarantee is intended to be independent from the underlying obligation (selbstständiges Garantieversprechen)
2. Consumer Protection Declarations: Required when the guarantor is a private individual, including specific acknowledgments and warnings
3. Multiple Guarantors: Additional provisions for cases with more than one guarantor, including joint and several liability terms
4. Security Interest: Optional provisions for additional security provided by the guarantor
5. Assignment and Transfer: Provisions regarding the ability to transfer or assign rights under the guarantee
1. Schedule 1 - Guaranteed Obligations: Detailed description of the underlying obligations being guaranteed
2. Schedule 2 - Form of Demand: Template for making a formal demand under the guarantee
3. Schedule 3 - Guarantor's Assets Declaration: Optional schedule for private guarantors to demonstrate their financial capacity
4. Appendix A - Primary Agreement Reference: Copy or key terms of the underlying agreement being guaranteed
Authors
Banking
Financial Services
Real Estate
Commercial Lending
Retail
Manufacturing
Construction
Professional Services
Small Business Services
Legal
Finance
Risk Management
Commercial
Compliance
Credit Administration
Business Development
Account Management
Legal Counsel
Credit Manager
Risk Officer
Commercial Director
Finance Manager
Compliance Officer
Contract Manager
Business Development Manager
Account Manager
Corporate Lawyer
Banking Officer
Lending Specialist
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