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Continuing Guarantee Agreement
"I need a Continuing Guarantee Agreement under Indonesian law for our manufacturing company (PT Industri Maju) to guarantee a 5-year loan facility of USD 10 million being provided by Bank Central Asia to our subsidiary (PT Produksi Dinamis) starting March 2025."
1. Parties: Identification of the Guarantor, Principal Debtor, and Beneficiary with complete legal names and addresses
2. Background: Context of the guarantee, relationship between parties, and reference to the underlying obligations being guaranteed
3. Definitions: Definitions of key terms used throughout the agreement, including 'Guaranteed Obligations', 'Security', and 'Event of Default'
4. Guarantee and Indemnity: Core provisions establishing the continuing guarantee and indemnity obligations
5. Scope of Guarantee: Detailed description of obligations covered by the guarantee, including future obligations
6. Nature of Guarantee: Specifications of the guarantee as continuing, unconditional, and irrevocable
7. Guarantor's Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition
8. Payment Obligations: Terms for payment, including timing, method, and currency
9. Preservation of Rights: Beneficiary's rights preservation and ability to pursue other remedies
10. Discharge and Release: Conditions for discharge of the guarantee and release of the guarantor
11. Enforcement: Mechanisms and conditions for enforcing the guarantee
12. Notices: Requirements for formal communications between parties
13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
14. Execution: Signature blocks and execution requirements
1. Security: Include when the guarantee is secured by specific assets or collateral
2. Financial Covenants: Include when the guarantor must maintain specific financial metrics or conditions
3. Tax Provisions: Include when specific tax implications need to be addressed, particularly for cross-border guarantees
4. Change of Control: Include when guarantor's obligations may be affected by ownership changes
5. Multiple Guarantors: Include when there is more than one guarantor, addressing joint and several liability
6. Currency Provisions: Include for cross-border transactions involving multiple currencies
7. Assignment and Transfer: Include when rights under the guarantee may need to be assigned or transferred
1. Schedule 1 - Guaranteed Obligations: Detailed list or description of all obligations covered by the guarantee
2. Schedule 2 - Underlying Agreements: List of principal agreements or facilities covered by the guarantee
3. Schedule 3 - Security Details: Details of any security or collateral provided (if applicable)
4. Schedule 4 - Form of Demand: Standard form for making demands under the guarantee
5. Appendix A - Corporate Authorizations: Copies of relevant corporate approvals and authorizations
6. Appendix B - Specific Conditions: Any specific conditions or requirements applicable to the guarantee
Authors
Banking
Financial Services
Real Estate
Manufacturing
Trading and Distribution
Construction
Infrastructure
Retail
Mining
Agriculture
Technology
Telecommunications
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretarial
Credit Control
Commercial Operations
Business Development
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Secretary
Risk Manager
Treasury Manager
Credit Manager
Commercial Director
Business Development Manager
Compliance Officer
Banking Relationship Manager
Senior Legal Manager
Financial Controller
Managing Director
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