The Loan Guarantee Template is designed for use in Singapore's sophisticated financial market, where third-party guarantees are frequently required to secure financing. This document serves as a legally binding commitment under Singapore law, where the guarantor agrees to fulfill the principal debtor's obligations if they default. The template incorporates essential provisions required by Singapore's banking regulations and commercial law, including specific requirements under the Civil Law Act and Banking Act. It's particularly useful for corporate financing, property transactions, and commercial lending arrangements where additional security is required beyond the principal debtor's commitments.
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1. Parties: Identification of guarantor, creditor, and principal debtor
2. Background: Context of the underlying loan and guarantee relationship
3. Definitions: Key terms used throughout the guarantee agreement
4. Guarantee and Indemnity: Core obligations of the guarantor
5. Scope of Guarantee: Extent and limitations of the guarantee
6. Duration: Term of the guarantee and conditions for termination
7. Representations and Warranties: Standard warranties given by the guarantor regarding capacity and authority
8. Payment Provisions: Terms and conditions for payment under the guarantee
9. Continuing Security: Provisions establishing the guarantee as a continuing obligation
10. Discharge and Release: Conditions under which the guarantor may be discharged from obligations
11. Governing Law and Jurisdiction: Specification of Singapore law as governing law and jurisdiction for disputes
1. Security Provisions: Additional security arrangements when collateral is provided
2. Corporate Representations: Company-specific warranties and representations for corporate guarantors
3. Multiple Guarantors Provisions: Provisions for joint and several liability when multiple guarantors exist
4. Currency Provisions: Specific provisions for cross-border transactions involving multiple currencies
5. Assignment and Transfer: Provisions governing the transfer of rights under the guarantee
1. Schedule 1 - Principal Debt Details: Details of the underlying loan being guaranteed including amount, interest rate, and repayment terms
2. Schedule 2 - Security Documents: List and details of related security documents and collateral arrangements
3. Schedule 3 - Guarantee Limit: Specific limitations on the guarantee amount if applicable
4. Appendix A - Form of Demand: Standard form for making demands under the guarantee
5. Appendix B - Compliance Certificates: Template certificates for ongoing compliance requirements
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