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1. Parties: Identification of the Surety (Bürge), the Creditor (Gläubiger), and reference to the Principal Debtor (Hauptschuldner)
2. Background: Context of the suretyship, including reference to the principal debt and relationship between the parties
3. Definitions: Definition of key terms used in the agreement, including 'Secured Obligations', 'Principal Debt', and 'Security Period'
4. Suretyship Declaration: Clear and unambiguous declaration of suretyship (Bürgschaftserklärung) in compliance with § 766 BGB
5. Scope of Suretyship: Detailed description of the secured obligations and maximum liability amount
6. Nature of Liability: Specification of whether it's a regular suretyship (normale Bürgschaft) or directly enforceable suretyship (selbstschuldnerische Bürgschaft)
7. Payment Terms: Terms and conditions for making payments under the suretyship
8. Surety's Defenses and Rights: Enumeration of statutory defenses and rights available to the surety
9. Duration and Termination: Terms regarding the duration of the suretyship and conditions for termination
10. Notices: Communication requirements and contact details for formal notices
11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Information Rights: Optional section for cases where the surety requires regular information about the principal debt status
2. Multiple Sureties: Required when there is more than one surety, defining their relationship and liability allocation
3. Counter-indemnity: Optional section for arrangements between surety and principal debtor regarding reimbursement
4. Banking Specific Provisions: Required for bank-issued suretyships, including specific banking regulations compliance
5. Commercial Terms: Required when the surety is a merchant (Kaufmann), incorporating HGB provisions
6. Consumer Protection Clauses: Required when the surety is a consumer, including mandatory warnings and explanations
7. Assignment and Transfer: Optional provisions regarding the transferability of the suretyship rights
8. Costs and Expenses: Optional section detailing responsibility for costs related to the suretyship
1. Schedule 1 - Principal Debt Details: Detailed description of the secured principal debt, including amount, terms, and conditions
2. Schedule 2 - Secured Obligations: Comprehensive list of all obligations covered by the suretyship
3. Schedule 3 - Form of Demand: Template for making formal demands under the suretyship
4. Schedule 4 - Contact Details: Detailed contact information for all parties and authorized representatives
5. Appendix A - Principal Debt Agreement: Copy or extract of the underlying agreement creating the principal debt
6. Appendix B - Corporate Authorizations: Required corporate resolutions or powers of attorney if parties are legal entities
Bürgschaft
Business Day
Creditor
Default Interest
Demand
Effective Date
Enforcement Event
Event of Default
Guaranteed Obligations
Maximum Liability Amount
Outstanding Amount
Party/Parties
Payment Date
Principal Debtor
Principal Debt
Principal Debt Agreement
Secured Obligations
Security Period
Surety
Suretyship
Suretyship Declaration
Termination Date
Underlying Agreement
Working Day
Recitals
Definitions
Suretyship Declaration
Scope of Suretyship
Maximum Liability
Nature of Liability
Payment Obligations
Enforcement
Representations and Warranties
Defenses and Waivers
Information Rights
Duration
Termination
Assignment and Transfer
Costs and Expenses
Notices
Amendments
Severability
Counterparts
Governing Law
Jurisdiction
Consumer Protection
Form Requirements
Time Limitation
Multiple Sureties
Set-off Rights
Indemnification
Confidentiality
Entire Agreement
Banking & Financial Services
Construction & Real Estate
Manufacturing
Retail
Professional Services
Technology
Energy
Transportation & Logistics
Healthcare
Education
Legal
Finance
Treasury
Risk Management
Compliance
Credit Control
Corporate Secretariat
Commercial
Banking Operations
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Credit Risk Manager
Legal Counsel
Corporate Lawyer
Compliance Officer
Commercial Director
Business Development Manager
Contract Manager
Risk Officer
Company Secretary
Banking Relationship Manager
Credit Controller
Financial Controller
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