A Corporate Guarantee For Bank Loan is commonly used in Singapore when a corporate entity needs to support another company's loan application, often in group company structures or parent-subsidiary relationships. The guarantee provides additional security to the lending bank, enhancing the borrower's creditworthiness. Under Singapore law, such guarantees must comply with specific corporate authorization requirements, including board resolutions and potentially shareholder approval. The document typically includes detailed provisions on the scope of guaranteed obligations, enforcement mechanisms, and the guarantor's representations and warranties.
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1. Parties: Identifies the Guarantor, Principal Debtor (Borrower), and the Bank
2. Background: Sets out the context of the facility agreement and reason for guarantee
3. Definitions: Defines key terms used throughout the guarantee including Guaranteed Obligations, Security Documents, and Events of Default
4. Guarantee and Indemnity: Core provisions detailing the guarantee obligations and indemnification terms
5. Nature of Guarantee: Specifies the guarantee as continuing, unconditional, and irrevocable
6. Payment Provisions: Details of payment obligations, mechanisms, and timing requirements
7. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition
8. Covenants: Ongoing obligations of the Guarantor throughout the guarantee period
9. Events of Default: Circumstances constituting default under the guarantee
10. Enforcement and Remedies: Rights and remedies available to the Bank upon default
11. Miscellaneous: Standard boilerplate provisions including notices, assignments, and amendments
12. Governing Law and Jurisdiction: Specification of Singapore law as governing law and jurisdiction provisions
1. Security Provisions: Additional security arrangements when the guarantee is secured by specific assets
2. Currency Provisions: Provisions for currency conversion and payment terms for cross-border transactions
3. Tax Gross-up: Provisions dealing with withholding tax and other tax implications
4. Change of Control: Provisions triggered by change in ownership or control of the Guarantor
5. Financial Covenants: Specific financial maintenance covenants applicable to the Guarantor
1. Facility Agreement Details: Summary or copy of the main facility agreement being guaranteed
2. Form of Demand: Standard form for making demands under the guarantee
3. Corporate Authorizations: Copies of relevant board resolutions and corporate authorizations
4. Security Documents: List and copies of related security documents if applicable
5. Compliance Certificate: Form of certificate for periodic confirmation of compliance with guarantee terms
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