Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
PERSONAL GUARANTEE
THIS PERSONAL GUARANTEE (the “Guarantee”) is made and entered into on this {{date}} day of {{month}}, {{year}}
BY:
{{guarantor_name}} of {{guarantor_address}} (hereinafter referred to as the “Guarantor”)
IN FAVOUR OF:
{{lender_name}} of {{lender_address}} (hereinafter referred to as the “Lendor”)
BACKGROUND
A. {{borrower_company_name}}, a company duly incorporated under the laws of {{country}} with registration number {{company_registration_number}} and having its registered office at {{borrower_company_address}} (hereinafter referred to as the “Principal Debtor”), has entered into, or is about to enter into, certain financial arrangements with the Lender (hereinafter referred to as the “Primary Obligation”).
B. The Lender has agreed to provide such financial arrangements to the Principal Debtor on the condition that the Guarantor provides a personal guarantee for the due performance of the Primary Obligation.
C. The Guarantor is a director, shareholder, or has a significant interest in the Principal Debtor and will benefit from the financial arrangements extended to the Principal Debtor.
1. GUARANTEE AND INDEMNITY
1.1. In consideration of the Lender providing financial accommodation to the Principal Debtor, the Guarantor hereby unconditionally and irrevocably guarantees to the Lender the due and punctual payment and performance by the Principal Debtor of all its present and future obligations, liabilities, and indebtedness to the Lender (the “Guaranteed Obligations”), whether principal, interest, fees, costs, expenses, or otherwise, and whether actual or contingent, joint or several.
1.2. The Guarantor agrees that if the Principal Debtor fails to pay or perform any of the Guaranteed Obligations when due, the Guarantor shall, on demand by the Lender, forthwith pay and perform such Guaranteed Obligations as if the Guarantor were the principal debtor.
1.3. This Guarantee is a continuing guarantee and shall remain in full force and effect until all the Guaranteed Obligations have been indefeasibly paid and performed in full, notwithstanding any intermediate payment or settlement of account.
2. NATURE OF GUARANTEE
2.1 This Guarantee is a primary obligation of the Guarantor and not merely a secondary obligation.
2.2 The Guarantor waives any right to require the Lender to proceed against the Principal Debtor or any other person, or to enforce any other security or guarantee, or to exhaust any other remedies before proceeding against the Guarantor.
3. RIGHTS OF THE LENDER
3.1 The Lender may at any time, without discharging or affecting the liability of the Guarantor hereunder, agree to any composition, extension of time, indulgence or compromise with the Principal Debtor or any other person in respect of the Guaranteed Obligations.
3.2 The Lender may release or vary any security or guarantee held from the Principal Debtor or any other person without reference to the Guarantor.
4. REPRESENTATIONS AND WARRANTIES
The Guarantor hereby represents and warrants to the Lender that:
a. The Guarantor has full power and authority to enter into and perform this Guarantee.
b. This Guarantee constitutes valid and binding obligations of the Guarantor, enforceable in accordance with its terms.
c. The execution and performance of this Guarantee do not contravene any law, regulation, or agreement binding on the Guarantor.
5. GOVERNING LAW AND JURISDICTION
5.1 This Guarantee shall be governed by and construed in accordance with the laws of {{country}}.
5.2 The parties hereto irrevocably submit to the exclusive jurisdiction of the Courts of {{country}} for the purpose of hearing and determining any dispute arising out of or in connection with this Guarantee.
6. NOTICES
Any notice required to be given hereunder shall be in writing and sent to the address of the relevant party set out above or such other address as the party may notify from time to time.
7. SEVERABILITY
If any provision of this Guarantee is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in full force and effect.
SIGNATURE BLOCK
IN WITNESS WHEREOF, the parties have executed this Personal Guarantee as of the date first above written.
_____________________________
{{guarantor_name}}
Guarantor
_____________________________
For and on behalf of {{lender_name}}
Name: {{lender_authorised_signatory}}
Title: {{lender_signatory_title}}
Related templates
Invoice
This invoice template is used to bill clients for goods or services rendered. It provides a clear breakdown of costs, payment terms, and contact information for both parties.
Commission Split Agreement
This document outlines the terms and conditions for splitting commissions between two or more parties. It is essential for formalizing agreements in sales or partnership contexts.
Tax Registration Checklist (South Africa)
A comprehensive checklist for South African SMEs to ensure all necessary documentation and information are prepared for tax registration with SARS.
Employee Leave Tracker
A comprehensive template for tracking employee leave efficiently, ensuring compliance with South African labor laws.