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Corporate Guarantee And Bank Guarantee
"I need a Corporate Guarantee and Bank Guarantee for an infrastructure project in Western Australia, where ABC Mining Corporation and Westpac Bank will jointly guarantee payment obligations of up to AUD 50 million for our mining equipment supply contract, effective from March 2025."
1. Parties: Identifies the Guarantor, Principal (the party whose obligations are being guaranteed), Beneficiary, and any other relevant parties
2. Background: Explains the context of the guarantee, including the underlying transaction or relationship being guaranteed
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles for the document
4. Guarantee and Indemnity: Core section setting out the guarantee obligations and indemnification provisions
5. Extent of Guarantee: Specifies the scope, amount, and duration of the guarantee
6. Demand Requirements: Details the process and requirements for making a demand under the guarantee
7. Payment Obligations: Specifies payment terms, timing, and methods
8. Representations and Warranties: Standard warranties from the guarantor regarding capacity and authority
9. Continuing Security: Establishes the guarantee as a continuing security until discharged
10. Preservation of Rights: Protects the beneficiary's rights in various circumstances
11. Expenses and Stamp Duty: Addresses costs, expenses, and duty payments
12. Governing Law and Jurisdiction: Specifies Australian law as governing law and jurisdiction for disputes
13. Notices: Sets out how formal notices must be given between parties
14. Execution: Formal execution blocks for all parties
1. Security Interest: Include when the guarantee is secured by specific assets or security interests
2. Counter Indemnity: Include when there is a counter-indemnity from the principal to the guarantor
3. Multiple Guarantors: Include when there are multiple guarantors to address joint and several liability
4. Assignment and Transfer: Include when parties need the ability to assign or transfer their rights
5. Bank's Obligations: Include for bank guarantees to specify the bank's specific obligations and procedures
6. Automatic Reduction Provisions: Include when the guarantee amount reduces over time or upon specific events
7. Priority Arrangements: Include when there are multiple security interests or guarantees requiring priority arrangement
8. Foreign Law Compliance: Include when there are cross-border elements requiring compliance with foreign laws
1. Schedule 1 - Guaranteed Obligations: Detailed description of the obligations being guaranteed
2. Schedule 2 - Form of Demand: Prescribed form for making a demand under the guarantee
3. Schedule 3 - Security Details: Details of any security provided (if applicable)
4. Schedule 4 - Fees and Charges: Specification of any fees, charges, and commission payable
5. Appendix A - Supporting Documents: List of required supporting documents for guarantee activation
6. Appendix B - Authorized Signatories: List of persons authorized to make demands or give notices
7. Appendix C - Underlying Agreement Details: Summary or extract of the underlying agreement being guaranteed
Authors
Authorized Representative
Banking Day
Beneficiary
Claim
Corporations Act
Default Event
Demand Notice
Effective Date
Enforcement Action
Expiry Date
Financial Indebtedness
Guarantee Amount
Guarantee Obligations
Guaranteed Moneys
Guarantor
Insolvency Event
Law
Maximum Liability
Notice
Permitted Security Interest
Principal
Principal Agreement
Principal Obligations
Recovery
Secured Obligations
Security
Security Interest
Stamp Duty
Subsidiary
Tax
Transaction Documents
Underlying Agreement
Indemnity
Payment Obligations
Demand Requirements
Continuing Security
Representations and Warranties
Default Events
Enforcement Rights
Assignment
Notices
Costs and Expenses
Stamp Duty
Tax Provisions
Set-Off Rights
Currency
Amendments
Governing Law
Jurisdiction
Severability
Counterparts
Confidentiality
Force Majeure
Waiver
Time of Essence
Independent Rights
Further Assurance
Compliance with Laws
Entire Agreement
Authority and Capacity
Survival of Obligations
Banking and Financial Services
Construction and Infrastructure
Mining and Resources
Commercial Real Estate
International Trade
Manufacturing
Retail and Consumer Goods
Energy and Utilities
Telecommunications
Government and Public Sector
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretariat
Credit Administration
Commercial Operations
Project Finance
Banking Operations
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Commercial Director
Risk Manager
Company Secretary
Credit Manager
Project Finance Manager
Compliance Officer
Banking Relationship Manager
Corporate Finance Manager
Managing Director
Contract Administrator
Financial Controller
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