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Back To Back Bank Guarantee
"I need a Back to Back Bank Guarantee document under German law for a €5 million guarantee between Deutsche Bank and Bank of China, with quarterly reduction provisions starting from March 2025, relating to a manufacturing equipment supply contract."
1. Parties: Identification of all parties: the issuing bank, the guaranteeing bank, and reference to the ultimate beneficiary
2. Background: Context of the transaction, including reference to the underlying commercial transaction and the primary guarantee
3. Definitions: Key terms used in the guarantee, including banking terms, relevant dates, and transaction-specific definitions
4. Guarantee Amount and Currency: Specification of the guaranteed sum and currency, including any automatic reduction mechanisms
5. Term and Validity: Duration of the guarantee, effective date, expiry date, and any extension conditions
6. Demand Requirements: Formal requirements for making a valid demand under the guarantee
7. Payment Terms: Conditions and timing for payment upon receipt of a valid demand
8. Counter-Indemnity: Terms under which the issuing bank indemnifies the guaranteeing bank
9. Communications: Methods and requirements for valid notices and demands between parties
10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Reduction Clauses: Optional provisions for automatic or documentary reduction of the guarantee amount - used when the underlying transaction has clear milestones
2. Transfer and Assignment: Provisions regarding the transferability of the guarantee - included when transfer rights are to be permitted or specifically prohibited
3. Force Majeure: Specific provisions for extraordinary events - particularly relevant in international transactions
4. Sanctions Clause: Compliance with international sanctions - required for international guarantees or high-risk jurisdictions
5. Language Provisions: Specification of prevailing language - needed when guarantee is issued in multiple languages
6. Digital Presentation: Provisions for electronic presentation of documents - included when parties agree to accept digital submissions
1. Form of Demand: Template for making a valid demand under the guarantee
2. Primary Guarantee Details: Copy or key details of the primary guarantee being backed
3. Fee Schedule: Details of banking fees, charges, and commission arrangements
4. Authorized Signatories: List of persons authorized to make demands or give notices
5. Document Checklist: List of required supporting documents for demands
6. Communication Protocols: Specific procedures and contact details for communications between banks
Authors
Authorized Representative
Banking Day
Base Guarantee
Beneficiary
Business Day
Counter-Guarantee
Counter-Guaranteeing Bank
Demand
Effective Date
Electronic Presentation
Expiry Date
Force Majeure Event
Guarantee Amount
Guarantee Period
Guaranteeing Bank
Issuing Bank
Maximum Guarantee Amount
Notices
Original Guarantee
Payment Demand
Permitted Transfer
Principal
Principal Contract
Reduction Amount
Reduction Date
Required Documents
Sanctioned Person
Sanctions
Security Interest
Supporting Documents
Transfer
Underlying Transaction
Valid Demand
Counter-Indemnity
Payment Terms
Demand Requirements
Documentary Conditions
Expiry and Duration
Reduction Provisions
Assignment and Transfer
Bank Fees and Charges
Communications
Force Majeure
Sanctions Compliance
Anti-Money Laundering
Governing Law
Jurisdiction
Language
Notices
Amendment
Severability
Confidentiality
Electronic Communications
Representations and Warranties
Document Presentation
Bank Rights and Obligations
Default Events
Termination
Dispute Resolution
Entire Agreement
Banking and Financial Services
International Trade
Construction and Infrastructure
Manufacturing
Energy and Utilities
Shipping and Logistics
Real Estate Development
Defense Contracting
Telecommunications
Legal
Trade Finance
Compliance
Risk Management
Treasury
International Banking
Credit Operations
Corporate Banking
Project Finance
Documentary Credits
Trade Finance Manager
Legal Counsel
Banking Operations Director
Compliance Officer
Risk Management Officer
Treasury Manager
International Business Development Manager
Senior Credit Officer
Documentary Credits Specialist
Banking Relationship Manager
Corporate Finance Director
Project Finance Manager
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