PRINCIPAL/SECONDARY INSTRUMENTS Clause Samples
The PRINCIPAL/SECONDARY INSTRUMENTS clause defines the distinction and relationship between the main legal document (the principal instrument) and any supplementary or supporting documents (secondary instruments) associated with an agreement. In practice, this clause clarifies which document takes precedence in the event of conflicting terms and may specify how amendments or interpretations should be handled across the related documents. Its core function is to ensure clarity and prevent disputes by establishing a clear hierarchy and integration of all relevant contractual instruments.
PRINCIPAL/SECONDARY INSTRUMENTS. Section 23.0 Principal/Secondary Instruments ARTICLE 24 INDEPENDENT LEGAL ADVICE ARTICLE 25 SCHEDULES AN AGREEMENT made the day and year stated in Section 1 of the First Schedule hereto by the party whose name and description are stated in Section 3 of the First Schedule hereto (hereinafter referred to as “the Guarantor(s)”) in favour of CREDIT GUARANTEE CORPORATION MALAYSIA BERHAD [Registration No. 197201000831 (12441-M)], a company incorporated in Malaysia and having its registered office at ▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇ ▇▇▇/▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ hereto (hereinafter referred to as “CGC”).
PRINCIPAL/SECONDARY INSTRUMENTS. IT IS ▇▇▇▇▇▇ AGREED that this Letter of Offer, the Security Documents and the Tawarruq Transaction Documents are instruments employed in one transaction to secure the payment of the Indebtedness within the meaning of Section 4(3) of the Stamp Act 1949, and for the purpose of the said section, this Letter of Offer is deemed to be the principal or primary instrument. Thank you. Yours faithfully, /s/ NORFHADILLA ▇▇▇▇▇▇ /s/ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ NORFHADILLA ▇▇▇▇▇▇ ▇▇▇ AZMAZULWAHA ▇▇▇▇▇ ▇▇▇▇▇ Senior Executive Head of Section Legal Documentation Unit Legal Documentation Unit Documentation & Disbursement Department Documentation & Disbursement Department I / We hereby confirm my / our acceptance to the above Financing Facility on the stipulated terms and conditions and further confirm that I / we have full legal right, authority and power to enter into an agreement and bind myself / ourselves by the terms and conditions stipulated in this Letter of Offer.
I / We also understand that upon this acceptance, CGC will proceed to purchase the commodity from Bursa Suq AI-▇▇▇▇’ and I / we hereby undertake to purchase from CGC the purchased commodity. I / We hereby agree to appoint CGC as my / our Wakil (Agent) under Wakalah ‘Aqd (Agency Contract) to enter into Murabahah Sale ‘Aqd and to purchase the commodity from CGC at CGC’s Sale Price. Subsequent to the purchase of the commodity by CGC on my / our behalf from CGC I / we hereby agree to appoint CGC to be my / our sale agent to sell the Commodity Asset at selling price equivalent to the Approved Financing Amount to any Commodity Trader as CGC may deem fit. I / We further understand and agree that Bursa Suq AI-▇▇▇▇’ e-certificates shall be the conclusive evidence on the Commodity Asset’s trading and its transfer of ownership. I / We acknowledge that I / we have been advised by you to obtain separate independent legal advice from advocates and solicitors with respect to entering into this Financing Facility and the legal implications, nature and effect of this Letter of Offer, the Security Documents and the Tawarruq Transaction Documents. I / We have not relied on any representations, warranties or advice whatsoever expressly or impliedly made by you or your officers, employees and agents concerning any of the terms and conditions of this Letter of Offer. I / We hereby confirm thal I / we have read and fully understood the nature and effect of this Letter of Offer and that I am / we are entering into this Financing ...
PRINCIPAL/SECONDARY INSTRUMENTS. It is hereby agreed and declared that this Guarantee, the Letter of Offerand other Security Documents are instruments employed in one transaction namely to secure the Indebtedness together with all of the moneys payable under the Letter of Offerand for the purpose of Section 4 (3) of the Stamp Act 1949, the Letter of Offershall be deemed to be the principal instrument and this Guarantee, and other Security Documents are secondary and auxiliary instruments.
PRINCIPAL/SECONDARY INSTRUMENTS. IT IS ▇▇▇▇▇▇ AGREED AND DECLARED that this Agreement and the Security Documents are instrument employed in one transaction to secure the payment of the Indebtedness for which ad valorem stamp duty will be paid on the original of this Agreement and more particularly stated in Second Schedule within the meaning of Section 4 (3) of the ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, and for the purpose of the said section, this Agreement is deemed to be the principal or primary instrument and the Letter of Offer and the Security Documents are deemed to be the auxiliary or secondary instruments.