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Bank Counter Guarantee
"I need a Bank Counter Guarantee document for a construction project in Sydney, where ABC Bank will guarantee AUD 5 million to XYZ Development Ltd on behalf of my construction company, with the guarantee expiring on 30 June 2025 and including step-in rights for the bank."
1. Parties: Identifies the bank (guarantor), the principal (customer requesting the guarantee), and the beneficiary
2. Background: Explains the underlying transaction or relationship necessitating the counter guarantee
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee Amount: Specifies the maximum amount of the guarantee and currency
5. Purpose of Guarantee: States the specific purpose for which the guarantee is being issued
6. Duration and Expiry: Specifies the commencement date and expiry conditions of the guarantee
7. Demand Requirements: Details the conditions and process for making a valid demand under the guarantee
8. Payment Terms: Specifies how and when payment will be made following a valid demand
9. Bank's Rights and Obligations: Outlines the bank's responsibilities and rights under the guarantee
10. Principal's Undertakings: Details the principal's obligations including indemnification of the bank
11. Governing Law and Jurisdiction: Specifies that Australian law governs and identifies jurisdiction for disputes
1. Counter-Indemnity: Additional indemnity provisions when multiple parties are involved in backing the guarantee
2. Assignment Provisions: Include when transfer of rights under the guarantee needs to be addressed
3. Step-In Rights: Used when the bank requires rights to step into the underlying contract
4. Multiple Beneficiary Provisions: Required when the guarantee is issued in favor of multiple beneficiaries
5. Reduction Mechanisms: Include when the guarantee amount can be reduced over time or upon certain events
6. Foreign Law Components: Required when the guarantee involves cross-border elements or foreign law requirements
7. Special Conditions: For any unique requirements specific to the particular transaction
1. Form of Demand: Standard template for making a demand under the guarantee
2. Fee Schedule: Details of fees, charges, and commission payable to the bank
3. Underlying Contract Details: Summary or extract of the main contract that the guarantee supports
4. Authorization Documents: Copies of corporate authorizations and signing authorities
5. Communication Procedures: Detailed procedures for notices, demands, and other communications
6. Supporting Documents: List of required supporting documents for guarantee issuance or demand
Authors
Bank
Principal
Beneficiary
Business Day
Demand
Expiry Date
Governing Law
Guarantee
Issue Date
Maximum Liability
Payment Currency
Security
Underlying Contract
Valid Claim
Demand Notice
Bank Account
Authorization
Guarantee Period
Default Event
Payment Date
Relevant Jurisdiction
Supporting Documents
Banking Hours
Notice
Authorized Representative
Guarantee Obligation
Bank Branch
Enforcement Event
Guarantee Fee
Payment Obligations
Demand Requirements
Expiry and Duration
Enforcement
Assignment
Indemnification
Force Majeure
Confidentiality
Notices
Governing Law
Jurisdiction
Amendment
Termination
Fees and Charges
Default Events
Security Provisions
Counter-Indemnity
Dispute Resolution
Severability
Bank Rights
Principal Obligations
Document Requirements
Payment Mechanics
Currency Provisions
Entire Agreement
Waiver
Time Limits
Authentication
Communications
Banking and Financial Services
Construction and Infrastructure
International Trade
Real Estate Development
Mining and Resources
Government and Public Sector
Manufacturing
Retail and Commercial
Energy and Utilities
Telecommunications
Legal
Finance
Treasury
Commercial
Risk Management
Compliance
Procurement
Project Management
Credit
Business Development
Chief Financial Officer
Finance Manager
Treasury Manager
Commercial Director
Contract Manager
Legal Counsel
Risk Manager
Banking Relationship Manager
Project Director
Procurement Manager
Company Secretary
Credit Manager
Business Development Manager
Financial Controller
Compliance Officer
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