A Personal Guarantee Agreement is commonly used in business and financial transactions under English and Welsh law when additional security is required for a debt or obligation. It provides creditors with additional protection by allowing them to pursue the guarantor if the principal debtor defaults. The agreement typically includes details of the guaranteed obligations, conditions for enforcement, and the extent of the guarantor's liability. It's particularly common in business loans, commercial leases, and supplier agreements where the creditor requires additional security beyond the principal debtor's covenant.
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1. Parties: Identifies guarantor, creditor, and principal debtor
2. Background: Explains context and underlying obligation being guaranteed
3. Definitions: Defines key terms used in the agreement
4. Guarantee and Indemnity: Core obligations of the guarantor
5. Scope of Guarantee: Extent and limitations of the guarantee
6. Duration: Term of the guarantee and conditions for termination
7. Guarantor's Representations: Warranties about capacity and authority
8. Enforcement Provisions: Creditor's rights and remedies
1. Security Provisions: Additional security arrangements when guarantee is secured against assets
2. Multiple Guarantors: Joint and several liability provisions when more than one guarantor is involved
3. Foreign Currency Provisions: Exchange rate and currency conversion terms when guaranteed obligations are in foreign currency
4. Step-In Rights: Rights to take over underlying contract in complex commercial arrangements
1. Schedule 1 - Guaranteed Obligations: Detailed list of obligations being guaranteed
2. Schedule 2 - Security Documents: List of related security documents if applicable
3. Schedule 3 - Form of Demand: Template for making demands under the guarantee
4. Schedule 4 - Conditions Precedent: Prerequisites for guarantee effectiveness
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