The Personal Guarantee Loan Agreement is a crucial document used in Dutch financing arrangements where additional security is required beyond the primary borrower's commitments. This document is typically employed when a lender requires personal assurance from an individual (often a company director, owner, or related party) to guarantee a loan's repayment. The agreement, governed by Dutch law, particularly the Dutch Civil Code (Burgerlijk Wetboek), serves a dual purpose: it establishes the loan's terms and conditions while documenting the guarantor's commitment to step in if the borrower defaults. The document includes detailed provisions on loan amount, interest rates, repayment schedules, guarantee scope, enforcement mechanisms, and default consequences, ensuring compliance with Dutch financial regulations and consumer protection requirements.
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1. Parties: Identification of the Lender, Borrower, and Guarantor with full legal names and addresses
2. Background: Context of the loan agreement and guarantee, relationship between parties, and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Terms: Principal amount, interest rate, payment schedule, and term of the loan
5. Guarantee Provisions: Scope of the guarantee, obligations of the guarantor, and extent of liability
6. Representations and Warranties: Statements of fact and assurances from both the Borrower and Guarantor
7. Payment Terms: Details of payment mechanisms, dates, and methods
8. Events of Default: Circumstances constituting default and consequences thereof
9. Enforcement: Rights and remedies of the Lender in case of default
10. Notices: Communication requirements and contact details for formal notices
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
12. Execution: Signature blocks and execution requirements
1. Security: Include when additional security is provided beyond the personal guarantee
2. Interest Rate Adjustment: Include when the interest rate may vary during the loan term
3. Early Repayment: Include when early repayment options and penalties need to be specified
4. Multiple Guarantors: Include when there is more than one guarantor to specify joint and several liability
5. Assignment and Transfer: Include when rights under the agreement may be transferred
6. Tax Provisions: Include when specific tax implications need to be addressed
7. Financial Covenants: Include when ongoing financial requirements are imposed on the Borrower
8. Guarantee Limitations: Include when the guarantee needs specific limitations or caps
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest calculations, and payment schedule
2. Schedule 2 - Payment Schedule: Amortization table showing payment dates and amounts
3. Schedule 3 - Guarantor's Statement of Assets: Declaration of the Guarantor's financial position
4. Schedule 4 - Form of Draw Down Notice: Template for requesting loan disbursements if multiple draws are allowed
5. Schedule 5 - Compliance Certificate: Template for periodic confirmation of compliance with agreement terms
6. Appendix A - Guarantor's Personal Information: Required personal and contact information of the Guarantor
7. Appendix B - Required Documents: List of supporting documents provided by Borrower and Guarantor
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Commercial Lending
Small and Medium Enterprises
Real Estate
Retail
Professional Services
Manufacturing
Technology
Construction
Hospitality
Relevant Teams
Legal
Finance
Credit Risk
Compliance
Commercial Banking
Corporate Lending
Business Development
Treasury
Operations
Document Management
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Credit Manager
Risk Manager
Loan Officer
Commercial Director
Business Development Manager
Compliance Officer
Contract Manager
Treasury Manager
Financial Controller
Company Secretary
Managing Director
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