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Credit Line Against Bank Guarantee
"Need to draft a Credit Line Against Bank Guarantee agreement for a €5 million facility between Deutsche Bank AG as lender and Schmidt Manufacturing GmbH as borrower, with Commerzbank AG as guarantor bank, including special provisions for multiple currency drawings."
1. Parties: Identification of the lender (bank), borrower, and guarantor bank
2. Background: Context of the agreement, relationship between parties, and purpose of the credit facility
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Facility: Details of the credit line including amount, purpose, and availability period
5. Bank Guarantee Requirements: Specifications for the bank guarantee, including form, content, and issuing bank requirements
6. Utilization: Procedures and conditions for drawing down the credit line
7. Interest and Fees: Interest calculation, payment terms, and applicable fees
8. Repayment and Prepayment: Terms for repayment of drawn amounts and voluntary prepayment provisions
9. Representations and Warranties: Standard representations and warranties from the borrower
10. Covenants: Positive and negative undertakings of the borrower
11. Events of Default: Circumstances constituting default and consequences
12. Changes to Parties: Rules for assignment and transfer of rights and obligations
13. Notices: Communication procedures between parties
14. Miscellaneous: Standard boilerplate provisions
15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Security Documents: Additional security arrangements beyond the bank guarantee - include if additional collateral is required
2. Accordion Feature: Provisions for increasing the facility amount - include if facility may be expanded
3. Multiple Guarantors: Provisions for multiple bank guarantees - include if more than one guarantor bank is involved
4. Currency Provisions: Include if facility can be drawn in multiple currencies
5. Tax Gross-Up and Indemnities: Detailed tax provisions - include if cross-border elements exist
6. Break Costs: Include if fixed interest rate periods are allowed
7. Market Disruption: Include if floating rate is used and market disruption provisions are needed
1. Form of Bank Guarantee: Template and required content for the bank guarantee
2. Conditions Precedent: List of documents and conditions required before first utilization
3. Utilization Request Form: Standard form for requesting drawdown under the facility
4. Compliance Certificate: Template for periodic compliance certification
5. Fee Schedule: Detailed breakdown of all applicable fees
6. Guarantee Release Process: Procedures and requirements for releasing the bank guarantee
7. Know Your Customer Requirements: List of required KYC documentation
8. Calculation of Interest and Fees: Detailed methodology for calculating interest and fees
Authors
Availability Period
Bank Guarantee
Banking Day
Borrower
Break Costs
Business Day
Commitment
Compliance Certificate
Credit Limit
Default
Default Interest
Drawdown
Effective Date
Event of Default
Facility
Facility Documents
Fee Letter
Finance Documents
Financial Indebtedness
Financial Statements
Guarantor Bank
Interest Payment Date
Interest Period
Interest Rate
Lender
Margin
Material Adverse Effect
Maturity Date
Outstanding Amount
Parties
Permitted Purpose
Potential Default
Prepayment Amount
Principal
Reference Banks
Reference Rate
Repayment Date
Repayment Schedule
Security
Security Period
Subsidiary
Tax
Total Commitments
Unpaid Sum
Utilization
Utilization Date
Utilization Request
Bank Guarantee
Interest Rate
Fees
Security
Utilization
Repayment
Prepayment
Events of Default
Representations and Warranties
Covenants
Conditions Precedent
Payment Mechanics
Tax
Increased Costs
Set-off
Assignment and Transfer
Amendments and Waivers
Confidentiality
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Third Party Rights
Counterparts
Governing Law
Dispute Resolution
Force Majeure
Anti-Money Laundering
Sanctions Compliance
Information Undertakings
Financial Covenants
Know Your Customer
Banking and Financial Services
Manufacturing
Construction
International Trade
Infrastructure Development
Energy
Real Estate
Technology
Telecommunications
Transportation and Logistics
Retail
Healthcare
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Banking
Credit Administration
Trade Finance
Operations
Documentation
Corporate Finance
Banking Relations
Chief Financial Officer
Treasury Manager
Finance Director
Corporate Banking Officer
Credit Risk Manager
Legal Counsel
Compliance Officer
Relationship Manager
Trade Finance Manager
Financial Controller
Corporate Finance Manager
Credit Analysis Manager
Banking Operations Manager
Senior Loan Officer
Director of Finance
Head of Corporate Banking
Risk Management Director
Treasury Operations Manager
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