A Continuing Guarantee Agreement is commonly used in Singapore's business environment when ongoing financial security is required for commercial transactions. This document provides continuous security for both existing and future obligations, making it particularly valuable for revolving credit facilities, ongoing business relationships, and long-term commercial arrangements. Under Singapore law, the agreement must comply with specific statutory requirements, including those set out in the Civil Law Act and Contracts Act. The document typically includes detailed provisions about the scope of the guarantee, the guarantor's obligations, and mechanisms for enforcement.
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Key Requirements PROMPT example:
Continuing Guarantee Agreement
"I need a Continuing Guarantee Agreement under Singapore law where ABC Holdings Pte Ltd will act as guarantor for a series of trade finance facilities being provided by United Bank Limited to my trading company, with a guarantee limit of SGD 5 million and an initial term until March 2025."
1. Parties: Identification of guarantor, creditor, and principal debtor
2. Background: Context of the guarantee and underlying obligations being guaranteed
3. Definitions: Key terms used throughout the agreement including Guaranteed Obligations, Security, and Events of Default
4. Guarantee and Indemnity: Core obligations of the guarantor including scope of guarantee and indemnification provisions
5. Nature of Guarantee: Continuing nature and scope of the guarantee, including provisions for future obligations
6. Guarantor's Representations and Warranties: Statements about guarantor's capacity, authority, and financial condition
7. Preservation of Rights: Creditor's rights preservation clauses and waiver of defenses
8. Payments: Payment obligations, mechanisms, and treatment of taxes
9. Governing Law and Jurisdiction: Application of Singapore law and jurisdiction clauses
1. Security Provisions: Additional security arrangements and enforcement rights when guarantee is secured by assets
2. Multiple Guarantors: Joint and several liability provisions when there are multiple guarantors
3. Currency Provisions: Currency conversion and payment terms for cross-border transactions
4. Assignment and Transfer: Rights and restrictions regarding assignment of the guarantee
1. Schedule 1 - Guaranteed Obligations: Detailed list and description of the obligations being guaranteed
2. Schedule 2 - Form of Demand: Standard form template for making demands under the guarantee
3. Schedule 3 - Security Details: Description of any security provided (if applicable)
4. Schedule 4 - Conditions Precedent: List of documents and conditions to be satisfied before guarantee becomes effective
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