The Personal Guarantee Agreement is a crucial security document used in the Netherlands when additional assurance is required for financial or commercial obligations. It is commonly utilized in business lending, real estate transactions, and commercial contracts where one party seeks security for another's obligations. The agreement must comply with Dutch law requirements, particularly the Dutch Civil Code (Burgerlijk Wetboek) provisions on suretyship (borgtocht). Key elements include clear identification of parties, explicit statement of guaranteed obligations, maximum liability limits, and specific protections for individual guarantors. The document is particularly important in scenarios where companies seek additional security for loans, leases, or other commercial arrangements, and when parent companies guarantee subsidiaries' obligations.
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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/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)
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