Personal guarantees and validity allowances, at least for Celtic Capital, are to ensure that we have the owners, and/or the cooperation of management, if we are to withdraw from our loan and not because we are happy to file a complaint. We have no interest in prosecuting Denbungen; We just want to get out. We had cases where we came briefly, when the equipment did not bring what was expected, and we worked with the guarantor/compensator to find a solution that worked for everyone. The goal is to reach an agreement so that all parties leave the relationship as best it can. The Court held that at the end of the charter party, the owners had only a commitment from KSH to obtain a guarantee from Newco and not an enforceable guarantee from Newco. Even if there were a legally binding agreement between KSH and Newco (which the Court of Questioning) to grant a guarantee to the owners, the owners would not be able to do so because they are not participating. Die Eigent-mer blieben daher mit ihrer Klage gegen die KSH im Rahmen der Charterparty zur-ck. With a personal guarantee, the lender can follow the signatory for each loss, at any time and for any reason – not necessarily because of fraudulent activity. If the security does not pay the loan, the lender can go directly to the deposit without having to wait for the security to be liquidated. In the event of a validity award, the lender becomes a personal guarantee if it suffers a loss due to a misrepresentation or misrepresentation. On the contrary, a guarantee of validity is not a commitment to repay the loan. Rather, it is a promise to finance assets. As a general rule, the claims are valid.
A validity guarantee is a particular type of guarantee used in factoring and PO financing when many individuals or businesses own small businesses. This is a guarantee that the information provided on a basic credit certificate or on invoices based on factors is accurate. It is responsible for the signatory in case of fraud or misrepresentation. However, it does not include the signatory who is responsible for credit losses when a non-recourse facility. As a result, most billing companies prefer this type of less extreme guarantee that guarantees the status of your receivables, their validity, their exclusivity and their recovery. Under English law, all contracts must be supported by a valid consideration. This means that each party must both benefit from an advantage and bear a burden on the opposable agreement. This is not a problem at a charter party, as landlords receive rent/freight (benefit) and allow charterers to use the ship (charge), while charterers receive the use of the ship (benefit) and must pay the rental/freight (charge).
With regard to performance guarantees, the notion of prior review further complicates matters, which is in a position to rarely consider as a valid consideration an agreement to execute something to which a party is already bound. In the case of a commercial transaction, a guarantee of validity may be preferable to a personal guarantee. This is because it allows you, as an owner, to personally avoid credit risk.