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Parent Company Guarantee Performance Bond
"I need a Parent Company Guarantee Performance Bond under Australian law for our mining project in Western Australia, where our Chinese parent company will guarantee our subsidiary's obligations up to AUD 50 million, with the guarantee expiring on 30 June 2025."
1. Parties: Identification of the Guarantor (Parent Company), Principal (Subsidiary/Primary Obligor), and Beneficiary
2. Background: Context of the underlying obligation and relationship between parties
3. Definitions: Key terms used throughout the document, including 'Guaranteed Obligations', 'Demand', 'Expiry Date'
4. Guarantee and Indemnity: Core guarantee provisions, including scope of guarantee and indemnification obligations
5. Maximum Liability: Specification of the maximum amount guaranteed under the bond
6. Duration and Validity: Term of the guarantee, including commencement and expiry dates
7. Demands and Payment: Process for making demands under the guarantee and payment obligations
8. Primary and Independent Obligation: Establishes the guarantee as a primary obligation independent of the underlying contract
9. No Discharge or Release: Circumstances that do not release the guarantor from obligations
10. Representations and Warranties: Guarantor's confirmations regarding capacity and authority
11. Governing Law and Jurisdiction: Specification of Australian law as governing law and jurisdiction for disputes
1. Step-In Rights: Optional provisions allowing the guarantor to step in and perform the underlying obligations - include when requested by the guarantor
2. Counter-Indemnity: Include when the subsidiary is required to indemnify the parent company
3. Assignment and Transfer: Include when either party requires rights to assign or transfer the guarantee
4. Currency Provisions: Include for international guarantees involving multiple currencies
5. Tax Gross-Up: Include when payments may be subject to withholding tax
6. Multiple Beneficiaries: Include when there are multiple beneficiaries or an agent structure
7. Alternative Dispute Resolution: Include when parties prefer arbitration or other ADR mechanisms
1. Form of Demand: Template for making valid demands under the guarantee
2. Underlying Contract Details: Summary or copy of the key terms of the contract being guaranteed
3. Corporate Authorizations: Evidence of corporate approvals and authority to give the guarantee
4. Guarantor Financial Information: Required financial statements or metrics of the guarantor
5. Contact Details: Formal contact details and notice requirements for all parties
Authors
Business Day
Demand
Expiry Date
Guaranteed Amount
Guaranteed Obligations
Guarantor
Insolvency Event
Maximum Liability
Outstanding Amount
Parent Company
Payment Currency
Principal
Principal Agreement
Project
Related Body Corporate
Security Interest
Specified Rate
Subsidiary
Underlying Contract
Valid Demand
Warranties
Working Hours
Default Event
Claim
Costs
Enforcement Expenses
Governmental Agency
Law
Notice
Permitted Assignment
Relevant Jurisdiction
Required Rating
Secured Money
Security Provider
Taxes
Test Date
Guarantee Period
Material Adverse Effect
Performance Obligations
Authorized Officer
Completion Date
Dispute
Extension Event
Financial Indebtedness
Guarantee Fee
Losses
Payment Date
Release Date
Security Documents
Representations and Warranties
Payment Obligations
Demand Requirements
Duration
Maximum Liability
Interest
Currency
Set-Off Rights
No Discharge
Independent Obligation
Assignment
Costs and Expenses
Notices
Governing Law
Jurisdiction
Enforcement
Amendments
Severability
Waiver
Further Assurance
Counterparts
Tax
Confidentiality
Force Majeure
Step-In Rights
Dispute Resolution
Third Party Rights
Entire Agreement
Authority
Termination
Release Conditions
Assignment and Transfer
Time of Essence
Construction
Infrastructure
Mining
Energy and Resources
Engineering
Property Development
Financial Services
Manufacturing
Utilities
Telecommunications
Legal
Finance
Commercial
Treasury
Risk Management
Compliance
Project Management
Corporate Secretariat
Credit
General Counsel
Legal Counsel
Contract Manager
Commercial Manager
Project Director
Chief Financial Officer
Treasury Manager
Risk Manager
Company Secretary
Finance Director
Project Finance Manager
Compliance Officer
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