A Personal Guarantee On Promissory Note is commonly used in business and personal lending situations where additional security is required for a loan or credit arrangement. This document is particularly relevant when the primary borrower's creditworthiness alone is insufficient to secure the loan. The guarantee provides the creditor with additional security by allowing them to pursue the guarantor's personal assets if the primary debtor defaults. Under U.S. law, these guarantees must be in writing and typically include specific terms regarding the scope of the guarantee, conditions for enforcement, and rights of all parties involved.
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1. Parties: Identification of the Guarantor and the party to whom the guarantee is given (Creditor)
2. Background: Reference to the original promissory note and circumstances requiring the guarantee
3. Definitions: Key terms used in the guarantee including 'Obligations', 'Principal Debt', 'Default'
4. Guarantee: Core guarantee provisions and scope of the guarantee
5. Payment Terms: Conditions and timing of payments under the guarantee
6. Representations and Warranties: Guarantor's statements about their capacity and authority
7. Duration: Term of the guarantee and conditions for termination
1. Security: Details of any collateral securing the guarantee - used when guarantee is secured by specific assets
2. Joint and Several Liability: Provisions for multiple guarantors - used when there is more than one guarantor
3. Subordination: Ranking of guarantee against other obligations - used when priority of obligations needs to be established
1. Original Promissory Note: Copy of the underlying promissory note being guaranteed
2. Security Details: Description of any assets provided as security (when guarantee is secured)
3. Payment Schedule: Details of payment obligations if different from original note
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