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Personal Guarantee Agreement
"I need a Personal Guarantee Agreement under UAE law where the CEO of our technology company will personally guarantee a 5-year commercial lease agreement starting March 2025, with the guarantee amount capped at AED 2 million."
1. Parties: Identification of the Guarantor, Beneficiary (Creditor), and the Principal Debtor
2. Background: Context of the guarantee, including reference to the principal debt or obligation being guaranteed
3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Event of Default', and 'Guarantee Period'
4. Guarantee and Indemnity: Core guarantee provisions, including the scope of guaranteed obligations and indemnification terms
5. Nature of Guarantee: Specifies that the guarantee is continuing, irrevocable, and unconditional as per UAE law requirements
6. Guarantor's Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial status
7. Payment Provisions: Terms regarding timing, method, and currency of payments under the guarantee
8. Enforcement and Remedies: Rights and remedies available to the Beneficiary upon default
9. Preservation of Rights: Provisions ensuring the guarantee remains valid despite changes to the principal obligation
10. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Confirmation of UAE law governance and jurisdiction of UAE courts
1. Multiple Guarantors: Additional provisions for cases involving more than one guarantor, defining joint and several liability
2. Security Provisions: Where additional security is provided alongside the personal guarantee
3. Islamic Finance Compliance: Specific provisions ensuring Sharia compliance, necessary when the guarantee relates to Islamic banking facilities
4. Currency Provisions: Extended provisions for cross-border guarantees involving multiple currencies
5. Step-In Rights: Provisions allowing the guarantor to step into the position of the principal debtor in certain circumstances
6. Guarantee Limitation: Specific limitations on the guarantee amount or duration, if applicable
1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed, including amounts, interest rates, and payment terms
2. Schedule 2 - Form of Demand: Template for making a demand under the guarantee
3. Schedule 3 - Guarantor's Assets Declaration: Statement of the guarantor's assets and financial position
4. Schedule 4 - Principal Agreement: Copy or key terms of the underlying agreement being guaranteed
5. Schedule 5 - Required Authorizations: List of necessary authorizations and confirmations required from the guarantor
Authors
Banking and Financial Services
Real Estate
Construction
Trading and Commerce
Manufacturing
Professional Services
Retail
Hospitality
Healthcare
Technology
Industrial
Import/Export
Legal
Finance
Compliance
Risk Management
Credit Control
Corporate Secretariat
Treasury
Commercial Operations
Business Development
Corporate Governance
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Compliance Officer
Risk Manager
Credit Manager
Banking Relationship Manager
Commercial Director
Business Development Manager
Company Secretary
Treasury Manager
Financial Controller
Senior Legal Advisor
Managing Director
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