The Loan And Guarantee Agreement is a crucial financial instrument used in Singapore when a third party's guarantee is required to secure a loan facility. This document is particularly relevant when the borrower's creditworthiness alone may not satisfy the lender's requirements, necessitating additional security through a guarantee. The agreement covers essential elements including loan terms, repayment schedules, interest rates, and the scope of the guarantee, all structured within Singapore's legal framework. It's commonly used in corporate financing, property transactions, and business expansion scenarios where additional security is required beyond the primary borrower's obligations.
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1. Parties: Identifies and defines all parties to the agreement (Lender, Borrower, Guarantor)
2. Background: Context of the loan and guarantee arrangement
3. Definitions: Key terms used throughout the agreement
4. Loan Terms: Principal amount, interest rate, repayment schedule
5. Guarantee Provisions: Scope and terms of the guarantee
6. Representations and Warranties: Statements of fact by parties
7. Events of Default: Circumstances constituting default and consequences
8. Governing Law and Jurisdiction: Applicable law and dispute resolution
1. Security Provisions: Additional provisions when loan is secured against specific assets. Include when collateral is involved.
2. Insurance Requirements: Obligations to maintain insurance. Include for secured loans or high-value transactions.
3. Assignment Provisions: Rights to assign the agreement. Include when transferability is important.
4. Financial Covenants: Financial obligations of borrower. Include for corporate borrowers.
1. Repayment Schedule: Detailed payment dates and amounts
2. Security Details: Description of any collateral or security
3. Conditions Precedent: List of conditions to be met before drawdown
4. Form of Drawdown Notice: Template for requesting loan disbursement
5. Guarantee Confirmation: Formal guarantee undertaking document
Relevant legal definitions
Agreement
Availability Period
Business Day
Conditions Precedent
Default
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Facility
Final Repayment Date
Finance Documents
Financial Indebtedness
Guarantee
Guaranteed Obligations
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Outstanding Amount
Parties
Principal Amount
Repayment Date
Repayment Schedule
Security
Security Documents
Singapore Dollars
Tax
Term
Transaction Documents
Unpaid Sum
Availability Period
Business Day
Conditions Precedent
Default
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Facility
Final Repayment Date
Finance Documents
Financial Indebtedness
Guarantee
Guaranteed Obligations
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Outstanding Amount
Parties
Principal Amount
Repayment Date
Repayment Schedule
Security
Security Documents
Singapore Dollars
Tax
Term
Transaction Documents
Unpaid Sum
Clauses
Interpretation
Facility
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Guarantee
Security
Representations and Warranties
Undertakings
Information Covenants
Financial Covenants
Events of Default
Acceleration
Changes to Parties
Assignment and Transfer
Set-off
Payment Mechanics
Costs and Expenses
Indemnities
Tax Gross-up and Indemnities
Currency
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Counterparts
Confidentiality
Governing Law
Enforcement
Jurisdiction
Facility
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Guarantee
Security
Representations and Warranties
Undertakings
Information Covenants
Financial Covenants
Events of Default
Acceleration
Changes to Parties
Assignment and Transfer
Set-off
Payment Mechanics
Costs and Expenses
Indemnities
Tax Gross-up and Indemnities
Currency
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Counterparts
Confidentiality
Governing Law
Enforcement
Jurisdiction
Relevant Industries
Relevant Teams
Relevant Roles
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