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Cash Backed Bank Guarantee
"I need a Cash Backed Bank Guarantee document for AUD 500,000 to secure a commercial lease agreement in Sydney, with ABC Bank as guarantor and XYZ Properties as beneficiary, expiring on March 31, 2025."
1. Parties: Identifies all parties to the agreement: the bank (guarantor), the applicant (account holder providing cash backing), and the beneficiary
2. Background: Explains the context and purpose of the guarantee, including the underlying transaction or obligation being guaranteed
3. Definitions: Defines key terms used throughout the document
4. Amount and Currency: Specifies the guarantee amount and currency
5. Cash Backing Details: Details of the cash deposit or account maintaining the security for the guarantee
6. Term and Expiry: Specifies the duration of the guarantee and expiry conditions
7. Demand Requirements: Sets out the conditions and process for making a demand under the guarantee
8. Bank's Rights and Obligations: Outlines the bank's responsibilities and rights regarding the guarantee and cash backing
9. Fees and Charges: Details all applicable fees, charges, and commission
10. Termination: Conditions and process for early termination or release of the guarantee
11. Governing Law and Jurisdiction: Specifies that Australian law governs the guarantee and determines jurisdiction for disputes
1. Counter Indemnity: Required when the applicant provides additional indemnity to the bank beyond the cash backing
2. Multiple Beneficiaries: Included when there is more than one beneficiary, detailing their rights and relationships
3. Assignment Provisions: Required if the guarantee may be transferred or assigned to other parties
4. Foreign Law Requirements: Needed for guarantees that may be called upon in foreign jurisdictions
5. Special Drawing Conditions: Used when there are specific conditions or documentation required for drawing on the guarantee
6. Interest on Cash Backing: Included when interest arrangements on the cash backing need to be specified
7. Automatic Extension Provisions: Required when the guarantee may be automatically extended under certain conditions
1. Schedule 1 - Form of Demand: Template for making a compliant demand under the guarantee
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and commission
3. Schedule 3 - Cash Backing Account Details: Specific details of the account(s) holding the cash backing
4. Schedule 4 - Required Documents: List of documents required for various processes under the guarantee
5. Appendix A - Bank's Standard Terms and Conditions: Standard terms and conditions applicable to bank guarantees
6. Appendix B - Authorized Signatories: List of persons authorized to act on behalf of each party
Authors
Applicant
Authorized Representative
Bank
Bank Guarantee
Beneficiary
Business Day
Cash Backing
Cash Backing Account
Claim
Demand
Encumbrance
Expiry Date
Guarantee Amount
Guarantee Period
Guaranteed Obligations
Insolvency Event
Interest Rate
Issue Date
Law
Material Adverse Effect
Notice
Payment Date
Pledged Amount
Principal Agreement
Release Date
Security Interest
Specified Account
Termination Date
Transaction Documents
Cash Backing Requirements
Security Interest
Demand Procedure
Payment Terms
Bank Rights and Obligations
Applicant Obligations
Fees and Charges
Interest
Term and Expiry
Termination
Release Conditions
Representations and Warranties
Default Events
Assignment and Transfer
Notices
Confidentiality
Force Majeure
Dispute Resolution
Governing Law
Indemnification
Amendment and Variation
Severability
Entire Agreement
Counterparts
Banking and Financial Services
Construction and Infrastructure
Real Estate
International Trade
Mining and Resources
Government and Public Sector
Manufacturing
Retail and Commercial Property
Energy and Utilities
Legal
Finance
Treasury
Risk Management
Commercial Operations
Procurement
Contract Administration
Corporate Securities
Banking Operations
Compliance
Chief Financial Officer
Treasury Manager
Finance Director
Commercial Manager
Contract Manager
Risk Manager
Legal Counsel
Banking Relationship Manager
Credit Manager
Property Manager
Project Manager
Procurement Manager
Company Secretary
Financial Controller
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