PERSONAL GUARANTEE AGREEMENT
This Agreement is made on [Date] between [Guarantor] and [Creditor]
- Parties. This Deed of Guarantee is executed between [Guarantor Name], R/o [Address] (the "Guarantor") and [Creditor Name], R/o [Address] (the "Creditor") in respect of the obligations of [Principal Borrower].
- Recitals. The Creditor has extended or agreed to extend credit to the Principal Borrower and requires the Guarantor to guarantee due repayment thereof.
- Guarantee & Consideration. In consideration of the Creditor advancing Rs. [Amount] to the Principal Borrower on [Effective Date], the Guarantor irrevocably guarantees payment of the said sum with interest.
- Nature of Guarantee. This is a continuing guarantee extending to the whole outstanding and shall not be affected by any indulgence, variation or time granted to the Principal Borrower.
- Obligations. On default by the Principal Borrower, the Guarantor shall on written demand pay the outstanding amount without requiring the Creditor to first proceed against the Principal Borrower.
- Extent of Liability. The Guarantor's liability is [co-extensive with that of the Principal Borrower / limited to Rs. [Cap]] and joint and several.
- Representations & Warranties. The Guarantor represents that it is solvent, competent to contract, and that this guarantee is given voluntarily for consideration.
- Confidentiality. The parties shall keep the terms of this guarantee confidential save as required by law or regulator.
- Preservation of Rights. The Creditor's rights against any security or co-guarantor shall not be prejudiced by this guarantee.
- Term & Termination. This guarantee shall remain in force until the guaranteed obligations are fully discharged, whereupon it stands released.
- Governing Law & Jurisdiction. This Deed is governed by the Indian Contract Act, 1872 and the laws of India, subject to the jurisdiction of courts at [City].
- Dispute Resolution. Disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, seated at [City].
IN WITNESS WHEREOF the parties have executed this Deed of Guarantee on the date first written above.
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[Guarantor]
[Guarantor]
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[Creditor]
[Creditor]
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Witness 1: [Name & Address]
Witness 1: [Name & Address]
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Witness 2: [Name & Address]
Witness 2: [Name & Address]