The Personal Guarantee Settlement Agreement is utilized when parties wish to resolve and settle obligations arising from an existing personal guarantee in Singapore. This document is particularly relevant when a guarantor seeks to negotiate a settlement of their guarantee obligations, whether due to financial constraints or other circumstances. It encompasses settlement terms, release provisions, and payment arrangements, all structured within Singapore's legal framework. The agreement provides certainty and finality to all parties while ensuring compliance with local guarantee and settlement laws.
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1. Parties: Identifies and defines all parties to the agreement including the guarantor, creditor, and debtor
2. Background: Sets out the context of the original guarantee, the outstanding obligations, and circumstances leading to settlement
3. Definitions: Defines key terms used tHRoughout the agreement including 'Guarantee', 'Settlement Sum', 'Payment Date'
4. Settlement Terms: Details of the settlement amount, payment terms, payment method, and timeline for settlement
5. Release Provisions: Terms of release from the original guarantee obligations upon satisfaction of settlement terms
6. Representations and Warranties: Standard representations regarding capacity, authority, and binding nature of agreement
7. Governing Law and Jurisdiction: Confirms Singapore law as governing law and jurisdiction for dispute resolution
1. Conditions Precedent: Conditions that must be met before settlement becomes effective, such as initial payments or document delivery
2. Security Provisions: Details of any security provided for settlement payments including type, registration, and enforcement
3. Confidentiality: Obligations regarding confidentiality of settlement terms and permitted disclosures
4. Tax Provisions: Allocation of responsibility for any taxes arising from the settlement
5. Further Assurance: Obligations to execute additional documents or take further steps to give effect to settlement
1. Schedule 1 - Original Guarantee: Copy of the original guarantee being settled
2. Schedule 2 - Payment Schedule: Detailed schedule of settlement payments if installment-based
3. Schedule 3 - Security Documents: Copies of any security documents if new security is being provided
4. Schedule 4 - Form of Release: Form of final release to be executed upon completion of settlement terms
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