A Guarantee And Indemnity Agreement is commonly used in Singapore when additional security is required for commercial transactions or financial obligations. This document combines both guarantee and indemnity provisions, offering comprehensive protection to creditors against default or non-performance by principal debtors. It's particularly relevant in banking, property, and commercial contexts where credit risk needs to be managed. The agreement must comply with Singapore's Civil Law Act and related legislation, requiring written form and clear terms regarding the scope of guaranteed obligations and enforcement mechanisms.
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Key Requirements PROMPT example:
Guarantee And Indemnity Agreement
"I need a Guarantee and Indemnity Agreement under Singapore law for our company to guarantee a SGD 2 million loan facility being provided to our subsidiary, with the agreement to be effective from March 1, 2025."
1. Parties: Identification of guarantor, creditor, and principal debtor
2. Background: Context of the guarantee, reference to principal agreement
3. Definitions: Key terms used throughout the agreement
4. Guarantee and Indemnity: Core obligations of guarantor including scope of guarantee
5. Nature of Guarantee: Continuing security, principal debtor provisions
6. Preservation of Rights: Creditor's rights preservation clauses
7. Payments: Payment terms, timing, and method
8. Representations and Warranties: Guarantor's declarations regarding capacity and authority
1. Security Provisions: Additional security arrangements - used when additional security is provided
2. Corporate Guarantor Provisions: Specific provisions for corporate guarantors - used when guarantor is a company
3. Multiple Guarantors: Joint and several liability provisions - used when more than one guarantor
1. Principal Agreement: Copy or details of the agreement being guaranteed
2. Guaranteed Obligations: Detailed list of obligations covered by guarantee
3. Corporate Authorizations: Required when guarantor is a company - board resolutions etc.
Authors
Relevant legal definitions
Agreement
Business Day
Creditor
Default
Default Interest
Enforcement Action
Event of Default
Guaranteed Obligations
Guarantor
Indemnified Amounts
Interest Rate
Liabilities
Loss
Material Adverse Change
Outstanding Amount
Party/Parties
Payment Currency
Principal Agreement
Principal Debtor
Principal Obligations
Secured Obligations
Security
Singapore Dollars
Taxes
Working Day
Business Day
Creditor
Default
Default Interest
Enforcement Action
Event of Default
Guaranteed Obligations
Guarantor
Indemnified Amounts
Interest Rate
Liabilities
Loss
Material Adverse Change
Outstanding Amount
Party/Parties
Payment Currency
Principal Agreement
Principal Debtor
Principal Obligations
Secured Obligations
Security
Singapore Dollars
Taxes
Working Day
Clauses
Guarantee
Indemnity
Representations and Warranties
Payment Obligations
Interest
Default Interest
Security
Continuing Security
Principal Debtor Provisions
Preservation of Rights
Discharge and Release
Set-off Rights
Currency
Costs and Expenses
Tax Gross-up
Assignment and Transfer
Amendments and Waivers
Notices
Severability
Counterparts
Governing Law
Jurisdiction
Enforcement
Remedies and Waivers
Time of Essence
Further Assurance
Entire Agreement
Third Party Rights
Indemnity
Representations and Warranties
Payment Obligations
Interest
Default Interest
Security
Continuing Security
Principal Debtor Provisions
Preservation of Rights
Discharge and Release
Set-off Rights
Currency
Costs and Expenses
Tax Gross-up
Assignment and Transfer
Amendments and Waivers
Notices
Severability
Counterparts
Governing Law
Jurisdiction
Enforcement
Remedies and Waivers
Time of Essence
Further Assurance
Entire Agreement
Third Party Rights
Relevant Industries
Relevant Teams
Relevant Roles
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