The Guarantor Contract (B眉rgschaftsvertrag) is a fundamental instrument in German commercial and private law relationships, used to provide additional security for financial or performance obligations. This document is essential when a third party needs to guarantee the obligations of a principal debtor, whether in commercial lending, real estate transactions, or business relationships. The contract must comply with strict German law requirements, particularly the written form requirement under 搂 766 BGB, and includes additional protections when individuals or consumers are involved as guarantors. It is commonly used in banking transactions, corporate finance, lease agreements, and various commercial contracts where credit risk mitigation is required. The document typically includes detailed provisions on the scope of the guarantee, enforcement procedures, and the relationship between all parties involved.
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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 or obligation being guaranteed
3. Definitions: Key terms used in the agreement, including 'Guaranteed Obligations', 'Principal Debt', and other relevant definitions
4. Guarantee: Core guarantee provisions, including scope of the guarantee and nature of the guarantor's obligations
5. Extent of Liability: Clear specification of the maximum amount guaranteed and any limitations on liability
6. Duration: Term of the guarantee and any conditions for termination
7. Demands and Payments: Process for making demands under the guarantee and payment obligations
8. Representations and Warranties: Guarantor's confirmations regarding capacity and authority to enter into the guarantee
9. Preservation of Rights: Creditor's rights preservation and waiver of guarantor's defenses
10. Notices: Communication requirements and contact details for formal notices
11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
12. Execution: Signature blocks and execution formalities
1. Financial Covenants: Additional financial obligations of the Guarantor, used when monitoring of Guarantor's financial health is required
2. Security: Details of any additional security provided by the Guarantor, used when the guarantee is secured
3. Information Undertakings: Guarantor's obligations to provide financial or other information, used for corporate guarantors
4. Consumer Protection Declarations: Additional declarations required when the Guarantor is a consumer under German law
5. Multiple Guarantors: Provisions governing relationship between multiple guarantors, used when there is more than one guarantor
6. Currency Provisions: Provisions for handling currency conversions, used in cross-border transactions
7. Tax Gross-Up: Provisions for tax implications, used in commercial contexts where tax may affect guarantee payments
1. Form of Demand: Template for making formal demands under the guarantee
2. Principal Debt Details: Details of the underlying obligation being guaranteed
3. Guaranteed Agreement: Copy or extract of the agreement containing the guaranteed obligations
4. Corporate Authorizations: Copies of relevant corporate approvals for corporate guarantors
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