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Personal Guarantee Settlement Agreement
"I need a Personal Guarantee Settlement Agreement for a HKD 2.5 million guarantee where the guarantor has agreed to settle for 70% of the outstanding amount, to be paid in monthly installments starting March 2025."
1. Parties: Identifies all parties to the agreement including the creditor, debtor, and guarantor(s)
2. Background: Recitals explaining the original guarantee, the outstanding debt, and the circumstances leading to this settlement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules
4. Settlement Sum: Specifies the agreed settlement amount and acknowledgment of the debt
5. Payment Terms: Details the payment method, timing, and conditions for settlement
6. Release and Discharge: Specifies the terms under which the guarantor will be released from the original guarantee
7. Representations and Warranties: Statements of fact and assurances from all parties
8. Continuing Obligations: Obligations that survive the settlement agreement
9. Default and Consequences: What constitutes default and the resulting consequences
10. General Provisions: Standard clauses including notices, amendments, governing law, etc.
11. Execution: Formal execution blocks for all parties
1. Security Arrangements: Include when additional security is being provided as part of the settlement
2. Multiple Guarantors Provisions: Required when there are multiple guarantors to address joint and several liability
3. Installment Payment Schedule: Include when settlement involves payments in installments
4. Conditions Precedent: Include when settlement is subject to specific conditions being met first
5. Confidentiality: Include when parties require specific confidentiality provisions
6. Tax Provisions: Include when there are specific tax implications that need to be addressed
7. Third Party Rights: Include when third party rights need to be explicitly addressed under Cap. 623
1. Original Guarantee: Copy or details of the original guarantee being settled
2. Payment Schedule: Detailed breakdown of payment amounts and dates if installment payments are involved
3. Outstanding Debt Calculation: Detailed calculation showing how the settlement sum was determined
4. Security Details: Details of any security arrangements if applicable
5. Related Correspondence: Key correspondence or documents referenced in the settlement
6. Release Form: Form of release to be issued upon completion of settlement
Authors
Banking and Financial Services
Real Estate
Commercial Lending
Property Development
Manufacturing
Trading and Distribution
Professional Services
Retail
Construction
Import/Export
Legal
Finance
Credit Control
Risk Management
Compliance
Corporate Secretarial
Commercial
Collections and Recovery
Business Development
Executive Management
Legal Counsel
Credit Manager
Risk Manager
Commercial Director
Chief Financial Officer
Collections Manager
Restructuring Officer
Company Secretary
Compliance Officer
Finance Director
Credit Control Officer
Managing Director
Recovery Manager
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