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Bank Guarantee Agreement
"I need a Bank Guarantee Agreement under Swiss law for a construction project, where UBS AG will provide a guarantee of 5 million CHF to secure our contractor's performance obligations, with the guarantee expiring on June 30, 2025."
1. Parties: Identification of the Bank (Guarantor), the Applicant (Principal Debtor), and the Beneficiary
2. Background: Context of the underlying transaction and purpose of the guarantee
3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Guarantee Amount', and 'Expiry Date'
4. Guarantee: Core section detailing the bank's guarantee obligations, maximum amount, and conditions for payment
5. Demand Procedure: Process and requirements for making a valid demand under the guarantee
6. Term and Expiry: Duration of the guarantee, conditions for extension, and expiry provisions
7. Payment Terms: Specifics of how and when payments will be made under the guarantee
8. Reimbursement Obligations: Applicant's obligations to reimburse the bank for payments made under the guarantee
9. Fees and Costs: Bank's fees, charges, and cost recovery provisions
10. Representations and Warranties: Key statements of fact and assurances from the Applicant
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Counter-Indemnity: Additional indemnity provisions from the Applicant to the bank, recommended for high-value guarantees
2. Security Arrangements: Details of any collateral or security provided to the bank, needed when the guarantee is secured
3. Transfer and Assignment: Provisions regarding transfer rights, included when transfer of the guarantee may be contemplated
4. Force Majeure: Provisions dealing with extraordinary events, recommended for long-term or international guarantees
5. Multiple Beneficiaries: Additional provisions for cases with more than one beneficiary
6. Electronic Presentations: Provisions for electronic demand submissions, included when electronic processing is permitted
1. Form of Demand: Template for making a compliant demand under the guarantee
2. Fee Schedule: Detailed breakdown of all applicable fees and charges
3. Security Documents: List and copies of related security documentation, if applicable
4. Underlying Contract Reference: Key details or extract of the underlying contract being guaranteed
5. Authorized Signatories: List of persons authorized to make demands under the guarantee
Authors
Applicant
Banking Day
Bank Guarantee
Beneficiary
Business Day
Counter-Indemnity
Demand
Effective Date
Event of Default
Expiry Date
Extension Event
Guarantee Amount
Guarantee Period
Guaranteed Obligations
Guarantor
Interest Rate
Maximum Liability Amount
Permitted Transfer
Principal Debt
Reimbursement Obligations
Security
Security Documents
Specified Currency
Swiss Law
Underlying Contract
Valid Demand
Banking Hours
Authorized Representative
Demand Notice
Fee Schedule
Force Majeure Event
Guarantee Fee
Insolvency Event
Material Adverse Change
Payment Date
Secured Obligations
Signing Date
Swiss Franc
Tax
Terms and Conditions
Guarantee Obligations
Payment Obligations
Demand Procedures
Term and Duration
Fees and Expenses
Representations and Warranties
Reimbursement and Indemnity
Security
Assignment and Transfer
Notices
Amendments and Waivers
Severability
Confidentiality
Force Majeure
Anti-Money Laundering
Governing Law
Jurisdiction
Counterparts
Entire Agreement
Third Party Rights
Default
Set-Off
Currency
Tax
Extension
Communications
Electronic Processing
Compliance with Laws
Termination
Banking and Financial Services
International Trade
Construction and Real Estate
Manufacturing
Infrastructure Development
Energy
Telecommunications
Mining and Resources
Retail and Commercial
Transport and Logistics
Legal
Finance
Treasury
Risk Management
Compliance
Commercial Operations
Credit
Trade Finance
Corporate Banking
Project Finance
Chief Financial Officer
Treasury Manager
Finance Director
Legal Counsel
Corporate Banking Manager
Trade Finance Manager
Risk Manager
Compliance Officer
Contract Manager
Project Finance Manager
Commercial Director
Credit Risk Officer
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