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Conditional Bank Guarantee
"I need a Conditional Bank Guarantee under German law for a construction project, with a guarantee amount of €5 million, expiring on March 31, 2025, where payment is conditional upon certified proof of contractor default."
1. Parties: Details of the guarantor bank and the beneficiary
2. Background: Context of the guarantee, including the underlying transaction or obligation being guaranteed
3. Definitions: Key terms used in the guarantee, including 'Guaranteed Amount', 'Trigger Event', and 'Expiry Date'
4. Guarantee Amount: Specification of the maximum amount covered by the guarantee
5. Conditions for Payment: Detailed description of the conditions that must be met before the guarantee can be called
6. Form of Demand: Specific requirements for making a valid demand under the guarantee
7. Payment Terms: Timeframe and method for payment upon valid demand
8. Duration and Expiry: Validity period of the guarantee and conditions for expiry
9. Governing Law and Jurisdiction: Confirmation of German law as governing law and jurisdiction for disputes
10. Notices: Communication requirements and contact details for all parties
1. Assignment and Transfer: Include when the guarantee needs to be transferable or when assignment rights need to be restricted
2. Language: Include when the guarantee might be used internationally to specify that German version prevails
3. Bank's Right to Terminate: Include when the bank requires specific termination rights beyond standard expiry
4. Counter-Indemnity: Include when there's a separate counter-indemnity agreement with the principal debtor
5. Reduction Clause: Include when the guarantee amount should reduce over time or upon certain events
6. Force Majeure: Include when specific force majeure provisions are required beyond standard German law provisions
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Contract Details: Summary or extract of the main contract being guaranteed
3. Required Documents: List of documents that must accompany any demand under the guarantee
4. Authorized Signatories: List of persons authorized to make demands under the guarantee
Authors
Expiry Date
Trigger Event
Principal Debtor
Beneficiary
Guarantor Bank
Underlying Contract
Demand Notice
Business Day
Required Documents
Payment Period
Conditions Precedent
Guarantee Period
Authorized Representative
Event of Default
Maximum Liability
Claim Documentation
Governing Law
Counter-Guarantee
Force Majeure Event
Banking Day
Permitted Assignment
Guarantee Currency
Notification Requirements
Verification Process
Amount of Guarantee
Term and Duration
Conditions for Payment
Demand Procedure
Payment Terms
Documentary Requirements
Bank's Rights and Obligations
Beneficiary's Rights and Obligations
Principal Debtor's Obligations
Expiry and Termination
Reduction Provisions
Assignment and Transfer
Communications and Notices
Force Majeure
Governing Law
Jurisdiction
Severability
Amendments
Language
Anti-Money Laundering
Sanctions Compliance
Counterparts
Entire Agreement
Banking & Financial Services
Construction & Infrastructure
International Trade
Manufacturing
Real Estate
Energy & Utilities
Telecommunications
Public Sector & Government
Retail & Consumer Goods
Transportation & Logistics
Legal
Finance
Treasury
Risk Management
Commercial
Project Management
Compliance
Trade Finance
Corporate Finance
Banking Operations
Legal Counsel
Contract Manager
Finance Director
Treasury Manager
Risk Manager
Commercial Director
Project Manager
Chief Financial Officer
Banking Relationship Manager
Compliance Officer
Trade Finance Manager
Corporate Finance Manager
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