A Loan Indemnity Agreement is commonly used in Singapore when additional security or protection is required in lending arrangements. This document becomes relevant when a lender seeks extra assurance beyond the primary loan agreement, particularly in high-value transactions or when dealing with complex corporate structures. The agreement, governed by Singapore law, outlines the indemnitor's obligations to compensate the indemnitee for specified losses, typically including principal, interest, and costs related to the underlying loan. It must comply with Singapore's regulatory framework, including the Banking Act and Moneylenders Act where applicable.
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Key Requirements PROMPT example:
Loan Indemnity Agreement
"Need a Loan Indemnity Agreement under Singapore law for a corporate borrower taking a SGD 5 million business expansion loan, with the parent company acting as indemnitor and specific provisions for quarterly financial reporting requirements."
1. Parties: Identification and details of the indemnitor and indemnitee
2. Background: Context of the underlying loan and reason for indemnity
3. Definitions: Key terms used throughout the agreement including defined terms from relevant Singapore legislation
4. Scope of Indemnity: Extent and limitations of the indemnity obligation, compliance with Singapore law requirements
5. Payment Terms: Timing and method of indemnity payments, interest provisions compliant with Civil Law Act
6. Duration: Term of the indemnity agreement and conditions for termination
7. Representations and Warranties: Standard representations and specific compliance with Singapore banking and financial regulations
8. Events of Default: Circumstances constituting default and consequences
9. Governing Law and Jurisdiction: Application of Singapore law and submission to Singapore courts
1. Security Provisions: Additional security arrangements when collateral or other security is required
2. Assignment: Rights to assign the indemnity, typically included for corporate or financial institution lenders
3. Insurance: Insurance requirements when specific coverage is needed to protect the indemnified party
4. Counter-Indemnity: Provisions for counter-indemnification in complex transactions with multiple parties
5. Data Protection: Compliance with Personal Data Protection Act 2012 when personal data processing is involved
1. Schedule 1 - Underlying Loan Agreement: Copy or details of the main loan agreement being indemnified
2. Schedule 2 - Payment Schedule: Details of payment obligations, timing, and calculation methods
3. Schedule 3 - Security Details: Details of any security arrangements and perfection requirements
4. Schedule 4 - Notice Requirements: Specific notice requirements, contact details, and communication procedures
5. Schedule 5 - Compliance Requirements: Specific regulatory compliance requirements under Singapore law
Authors
Relevant legal definitions
Agreement
Borrower
Business Day
Claim
Default Interest Rate
Effective Date
Facility Agreement
Guaranteed Obligations
Indemnified Amounts
Indemnified Party
Indemnifying Party
Interest Rate
Loan
Loan Agreement
Loss
Material Adverse Effect
Notice
Parties
Payment Date
Principal Amount
Secured Obligations
Security
Security Documents
Singapore Dollars
Term
Transaction Documents
Working Day
Borrower
Business Day
Claim
Default Interest Rate
Effective Date
Facility Agreement
Guaranteed Obligations
Indemnified Amounts
Indemnified Party
Indemnifying Party
Interest Rate
Loan
Loan Agreement
Loss
Material Adverse Effect
Notice
Parties
Payment Date
Principal Amount
Secured Obligations
Security
Security Documents
Singapore Dollars
Term
Transaction Documents
Working Day
Clauses
Indemnity
Payment Obligations
Representations and Warranties
Covenants
Events of Default
Remedies
Duration
Termination
Assignment
Notices
Confidentiality
Force Majeure
Governing Law
Dispute Resolution
Severability
Amendment and Waiver
Entire Agreement
Costs and Expenses
Set-off Rights
Further Assurance
Survival
Time of Essence
Counterparts
Third Party Rights
Payment Obligations
Representations and Warranties
Covenants
Events of Default
Remedies
Duration
Termination
Assignment
Notices
Confidentiality
Force Majeure
Governing Law
Dispute Resolution
Severability
Amendment and Waiver
Entire Agreement
Costs and Expenses
Set-off Rights
Further Assurance
Survival
Time of Essence
Counterparts
Third Party Rights
Relevant Industries
Relevant Teams
Relevant Roles
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