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Deed Of Guarantee And Indemnity
"I need a Deed of Guarantee and Indemnity under Indonesian law where PT Global Mining Indonesia (as Guarantor) guarantees the payment obligations of PT Eastern Resources (as Principal Debtor) to Bank Mandiri (as Beneficiary) under a USD 5 million loan facility agreement dated 15 March 2025."
1. Parties: Identification of the Guarantor(s), the Beneficiary (Creditor), and the Principal Debtor
2. Background: Recitals explaining the context of the guarantee, including reference to the primary obligation being guaranteed
3. Definitions and Interpretation: Definitions of key terms used in the deed and rules of interpretation
4. Guarantee: Core guarantee provisions, including scope and nature of the guarantee obligations
5. Indemnity: Indemnification provisions and circumstances triggering indemnity obligations
6. Nature of Guarantee: Specification that the guarantee is continuing, unconditional and irrevocable
7. Payment Provisions: Terms regarding how and when payments must be made under the guarantee
8. Representations and Warranties: Guarantor's representations about their capacity and authority to enter into the guarantee
9. Preservation of Rights: Provisions ensuring the guarantee remains valid despite changes to the underlying obligation
10. Default and Enforcement: Events of default and the Beneficiary's rights upon default
11. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee
12. Notices: Process and requirements for giving notices under the deed
13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Multiple Guarantors: Additional provisions for when there are multiple guarantors, including joint and several liability
2. Security Provisions: Where specific assets are being provided as additional security for the guarantee
3. Currency Provisions: Where guaranteed obligations are in foreign currency or multiple currencies
4. Assignment and Transfer: If rights under the guarantee may be assigned or transferred
5. Guarantee Limitations: Where specific limitations on the guarantee amount or scope are required
6. Corporate Authorizations: Special provisions when the guarantor is a corporation, including corporate benefit requirements
7. Release Conditions: Specific conditions under which the guarantor may be released from obligations
1. Schedule 1 - Guaranteed Obligations: Detailed description of the primary obligations being guaranteed
2. Schedule 2 - Form of Demand: Standard form for making demands under the guarantee
3. Schedule 3 - Security Assets: List and description of any assets provided as security (if applicable)
4. Schedule 4 - Guarantor Information: Detailed information about the Guarantor(s) including address and contact details
5. Schedule 5 - Underlying Agreement: Copy or key terms of the underlying agreement giving rise to the guaranteed obligations
6. Appendix A - Corporate Authorizations: Copies of relevant corporate authorizations and powers of attorney (if applicable)
Authors
Beneficiary
Business Day
Default Interest
Default Notice
Demand
Effective Date
Enforcement Event
Event of Default
Guaranteed Obligations
Guarantor
Guarantee Period
Indemnified Amounts
Losses
Material Adverse Effect
Notices
Outstanding Amount
Party/Parties
Payment Date
Principal Debtor
Principal Agreement
Rupiah
Security
Security Documents
Secured Obligations
Tax
Transaction Documents
Underlying Agreement
Working Hours
Indemnity
Representations and Warranties
Payment Obligations
Default and Enforcement
Limitation of Liability
Security
Preservation of Rights
Assignment
Costs and Expenses
Currency
Set-off Rights
Further Assurance
Severability
Entire Agreement
Amendment
Waiver
Confidentiality
Force Majeure
Notices
Power of Attorney
Counterparts
Stamp Duty
Governing Law
Dispute Resolution
Language
Banking
Financial Services
Real Estate
Construction
Manufacturing
Infrastructure
Trading and Commerce
Energy
Mining
Telecommunications
Transportation and Logistics
Legal
Finance
Risk Management
Compliance
Treasury
Corporate Secretariat
Credit
Commercial
Executive Leadership
Operations
Legal Counsel
Chief Financial Officer
Finance Director
Risk Manager
Credit Manager
Corporate Secretary
Compliance Officer
Commercial Director
Chief Executive Officer
Treasury Manager
Legal Director
Company Director
Contract Manager
Financial Controller
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