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Agreement Of Personal Guaranty
"I need an Agreement of Personal Guaranty to secure a business loan of RM 500,000 from Bank Negara Finance to my startup company, with me as the personal guarantor, ensuring the agreement complies with Malaysian banking regulations."
1. Parties: Identifies the Guarantor(s), Creditor, and Principal Debtor with their full legal names and addresses
2. Background: Sets out the context of the guarantee, including details of the principal debt or obligation being guaranteed
3. Definitions: Defines key terms used throughout the agreement including 'Guaranteed Obligations', 'Security', and 'Event of Default'
4. Guarantee and Indemnity: Core section detailing the guarantee obligations, including the scope and nature of the guarantee
5. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to enter into the guarantee
6. Continuing Security: Establishes that the guarantee is continuing and covers all present and future obligations
7. Payment Mechanics: Details how and when payments must be made under the guarantee
8. Enforcement: Specifies when and how the guarantee can be enforced
9. Discharge and Release: Conditions under which the guarantor may be released from obligations
10. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability
2. Security Arrangements: Needed when specific assets are pledged as additional security for the guarantee
3. Interest and Costs: Detailed provisions about interest charges and recovery costs, if applicable
4. Assignment and Transfer: Required if the rights under the guarantee may be assigned or transferred
5. Limited Recourse: Used when the guarantee is limited to specific assets or amounts
6. Subordination: Required when the guarantee needs to be subordinated to other obligations
1. Schedule 1 - Principal Agreement: Details of the main agreement or debt being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed description of all obligations covered by the guarantee
3. Schedule 3 - Security Details: Description of any security or collateral provided (if applicable)
4. Schedule 4 - Form of Demand: Standard form for making demands under the guarantee
5. Appendix A - Financial Statements: Recent financial statements or net worth statement of the Guarantor (if required)
Authors
Banking
Financial Services
Real Estate
Construction
Manufacturing
Retail
Commercial Lending
Small Business
Corporate Finance
Investment
Property Development
Legal
Finance
Credit Risk
Compliance
Commercial Banking
Corporate Finance
Credit Administration
Risk Management
Banking Operations
Credit Manager
Risk Officer
Legal Counsel
Finance Director
Banking Officer
Loan Officer
Compliance Officer
Credit Analyst
Corporate Lawyer
Financial Controller
Commercial Director
Chief Financial Officer
Credit Risk Manager
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