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Agreement Of Personal Guaranty
"I need an Agreement of Personal Guaranty under Belgian law where my company's CEO will personally guarantee a €2.5 million business loan from BNP Paribas, to be executed by March 2025, with the guarantee limited to 5 years."
1. Parties: Identification of the Guarantor, Creditor, and Principal Debtor
2. Background: Context of the guarantee, including the underlying obligation being guaranteed
3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Event of Default', etc.
4. Guarantee: Core guarantee provisions, including scope and nature of the guarantee
5. Maximum Liability: Clear statement of the maximum amount guaranteed, as required under Belgian law
6. Duration: Term of the guarantee and any conditions affecting its duration
7. Guarantor's Representations and Warranties: Statements about the Guarantor's capacity and authority to provide the guarantee
8. Payment Obligations: Terms governing how and when payments must be made under the guarantee
9. Enforcement: Conditions and procedures for enforcing the guarantee
10. Notices: Communication requirements and contact details
11. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
1. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability
2. Specific Assets: Used when the guarantee is limited to or secured by specific assets
3. Corporate Authority: Required for corporate guarantors, including board approvals and corporate benefit statements
4. Spousal Consent: Required when the guarantor is married and local law requires spousal consent
5. Currency Provisions: Required for cross-border guarantees involving multiple currencies
6. Tax Gross-Up: Optional provisions for handling tax implications of guarantee payments
7. Assignment and Transfer: Optional provisions allowing transfer of guarantee rights
1. Schedule 1 - Guaranteed Obligations: Detailed description of the underlying obligations being guaranteed
2. Schedule 2 - Form of Demand: Template for making a demand under the guarantee
3. Schedule 3 - Guarantor Information: Detailed information about the Guarantor including financial status
4. Schedule 4 - Principal Debtor Information: Details of the principal debtor and the primary obligation
5. Appendix A - Required Notices and Forms: Standard forms for notices and communications under the guarantee
Authors
Guaranteed Obligations
Principal Debtor
Guarantor
Creditor
Event of Default
Guaranteed Amount
Business Day
Demand
Enforcement Event
Guarantee Period
Interest Rate
Material Adverse Change
Notice
Payment Date
Security
Underlying Agreement
Working Hours
Maximum Liability
Guaranteed Currency
Related Rights
Permitted Transfer
Principal Agreement
Valid Claim
Discharge Date
Enforcement Costs
Guarantee Termination Event
Insolvency Event
Release Date
Security Period
Specified Jurisdiction
Representations and Warranties
Payment Terms
Default
Enforcement
Indemnification
Assignment
Notices
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Waiver
Costs and Expenses
Termination
Set-Off Rights
Force Majeure
Confidentiality
Further Assurance
Counterparts
Third Party Rights
Time of Essence
Liability Limitation
Currency
Tax
Multiple Guarantors
Succession
Discharge
Remedies
Banking and Financial Services
Real Estate
Commercial Lending
Construction
Manufacturing
Retail
Professional Services
Import/Export
Hospitality
Technology
Legal
Finance
Risk Management
Treasury
Compliance
Credit Management
Corporate Secretariat
Commercial Operations
Business Development
Chief Financial Officer
Finance Director
Credit Manager
Risk Manager
Legal Counsel
Commercial Director
Treasury Manager
Compliance Officer
Corporate Secretary
Business Development Manager
Contract Manager
Financial Controller
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