The Guarantee And Collateral Agreement is a crucial security document used in Singapore financing transactions where both personal guarantees and asset security are required. It provides lenders with multiple layers of protection by combining a guarantee of payment with security interests over specific assets. This document is particularly important in commercial lending, structured finance, and project finance transactions under Singapore law, where secured parties seek comprehensive security packages. The agreement must comply with Singapore's strict requirements regarding security creation, perfection, and enforcement.
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1. Parties: Identification of guarantor, secured party, and debtor
2. Background: Context of the underlying obligation and security arrangement
3. Definitions: Key terms used throughout the agreement
4. Guarantee Provisions: Terms of the guarantee, including scope and limitations
5. Grant of Security Interest: Description of collateral and security interest being created
6. Representations and Warranties: Statements about collateral ownership and authority to grant security
7. Covenants: Ongoing obligations regarding collateral maintenance
8. Events of Default: Circumstances triggering enforcement rights
9. Enforcement Rights: Rights and remedies upon default
1. Currency Provisions: Required for cross-border transactions involving parties in different jurisdictions
2. Tax Provisions: Allocation of tax responsibilities when significant tax implications exist
3. Insurance Requirements: Obligations to maintain insurance on collateral when assets require protection
1. Schedule of Collateral: Detailed description of all collateral assets
2. Form of Notice: Standard form for notifications to third parties
3. Perfection Requirements: List of actions required to perfect security interests
4. Existing Encumbrances: List of pre-existing security interests or liens
Relevant legal definitions
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