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Personal Guaranty Agreement
"I need a Personal Guaranty Agreement where a company director will personally guarantee a corporate loan of 5 million Philippine Pesos from ABC Bank, with the guarantee limited to the principal amount plus interest and to expire on March 1, 2025."
1. Parties: Identifies the Guarantor, the Creditor, and the Principal Debtor
2. Background: Explains the context of the guaranty, including reference to the principal debt or obligation being guaranteed
3. Definitions: Defines key terms used throughout the agreement, including 'Guaranteed Obligations', 'Event of Default', and other relevant terms
4. Guaranty: Core section detailing the guarantor's promise to pay or perform the guaranteed obligations
5. Scope of Guaranty: Defines the extent and limitations of the guaranty obligation
6. Nature of Guaranty: Specifies whether the guaranty is continuing, irrevocable, unconditional, or otherwise
7. Representations and Warranties: Guarantor's confirmations regarding their capacity, authority, and financial condition
8. Preservation of Rights: Creditor's rights in relation to other security and ability to vary underlying obligations
9. Payments: Terms regarding how and when payments must be made, including provisions for taxes and set-off
10. Costs and Expenses: Responsibility for legal and other costs related to the guaranty
11. Duration and Release: Terms regarding how long the guaranty remains in effect and conditions for release
12. Notices: Communication requirements and contact details for all parties
13. Governing Law and Jurisdiction: Confirms Philippine law applies and specifies jurisdiction for disputes
14. Execution: Signature blocks and execution formalities
1. Security: Include when the guaranty is secured by specific assets
2. Multiple Guarantors: Include when there is more than one guarantor, addressing joint and several liability
3. Assignment: Include when either party needs the right to assign their rights under the guaranty
4. Limit of Liability: Include when the guarantor's liability is to be capped at a specific amount
5. Corporate Authority: Include when the guarantor is a corporation, addressing corporate approvals
6. Subordination: Include when the guarantor's rights need to be subordinated to other creditors
7. Independent Legal Advice: Include when there's a requirement for the guarantor to obtain independent legal advice
8. Currency Provisions: Include for cross-border transactions involving multiple currencies
1. Schedule 1 - Guaranteed Obligations: Details of the underlying debt or obligations being guaranteed
2. Schedule 2 - Principal Agreement: Copy or details of the main agreement giving rise to the guaranteed obligations
3. Schedule 3 - Security Details: Description of any security provided in support of the guaranty
4. Schedule 4 - Form of Demand: Template for making formal demands under the guaranty
5. Appendix A - Corporate Authorizations: Copies of relevant corporate approvals where the guarantor is a corporation
6. Appendix B - Legal Advice Certificate: Certificate confirming independent legal advice has been received, if required
Authors
Banking and Financial Services
Real Estate
Construction
Manufacturing
Retail
Import/Export
General Commerce
Small and Medium Enterprises
Corporate Services
Professional Services
Legal
Finance
Credit Control
Risk Management
Compliance
Treasury
Commercial Operations
Business Development
Corporate Secretariat
Collections
Chief Financial Officer
Finance Director
Credit Manager
Legal Counsel
Corporate Secretary
Risk Manager
Commercial Director
Banking Relationship Manager
Credit Analyst
Compliance Officer
Contract Administrator
Treasury Manager
Collections Manager
Business Development Manager
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