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Composite Bank Guarantee
"I need a Composite Bank Guarantee governed by Hong Kong law to secure multiple trading facilities for our subsidiaries in Asia, with a maximum aggregate limit of HKD 50 million and individual facility limits for each of our five beneficiary companies."
1. Parties: Identification of the Bank (Guarantor), the Principal (Applicant), and multiple Beneficiaries
2. Background: Context of the guarantee, reference to underlying agreements, and purpose of the composite guarantee
3. Definitions: Definitions of key terms used throughout the guarantee, including Guaranteed Sum, Expiry Date, and Demand
4. Guarantee and Indemnity: Core guarantee obligations, maximum liability amount, and indemnity provisions
5. Scope of Guarantee: Details of facilities/obligations covered under the composite guarantee
6. Independent Payment Obligation: Establishing the guarantee as an independent obligation from underlying contracts
7. Demand Requirements: Process and format for making demands under the guarantee
8. Payment Terms: Timeline and method for payment upon valid demand
9. Duration and Expiry: Term of the guarantee, conditions for extension, and expiry provisions
10. Bank's Rights and Protections: Rights of the bank including set-off and protection provisions
11. Governing Law and Jurisdiction: Hong Kong law as governing law and jurisdiction clause
1. Multiple Beneficiary Provisions: Specific provisions governing relationship between multiple beneficiaries, used when beneficiaries have different rights or ranking
2. Transfer and Assignment: Provisions regarding transfer of guarantee rights, included when transfer rights are to be permitted
3. Counter-Indemnity: Principal's obligation to indemnify the bank, included when separate counter-indemnity not executed
4. Electronic Presentations: Provisions for electronic demands and notices, included when electronic submissions are permitted
5. Currency Provisions: Detailed currency conversion provisions, included for multi-currency facilities
6. Step-In Rights: Rights of beneficiaries to step into underlying contracts, included in project finance contexts
7. Reduction Provisions: Mechanisms for reducing guarantee amount over time, included for performance guarantees
1. Form of Demand: Template for making valid demands under the guarantee
2. Underlying Facilities: Details of all facilities/obligations covered by the composite guarantee
3. Beneficiary Details: Complete details of all beneficiaries and their respective rights/limits
4. Fee Schedule: Schedule of fees and charges payable to the bank
5. Authorized Signatories: List of authorized signatories for each party
6. Form of Extension Request: Template for requesting extension of the guarantee
7. Required Supporting Documents: List of documents required to accompany demands
Authors
Guaranteed Sum
Maximum Liability Amount
Beneficiaries
Principal
Guarantor
Demand
Business Day
Banking Day
Hong Kong
Expiry Date
Facility Agreement
Underlying Obligations
Event of Default
Guaranteed Obligations
Demand Notice
Supporting Documents
Authorized Representative
Facility Limit
Available Amount
Reduction Date
Reduction Amount
Extension Date
Claim Period
Payment Date
Relevant Currency
Exchange Rate
Force Majeure Event
Material Adverse Change
Permitted Transfer
Security Interest
Counter-Indemnity
Enforcement Action
Required Documents
Beneficiary Share
Aggregate Limit
Individual Facility Limit
Facility Documents
Secured Obligations
Guarantee Period
Default Interest Rate
Guaranteed Party
Relevant Jurisdiction
HKMA
Governing Law
Dispute Resolution
Electronic Presentation
Digital Signature
Stamp Duty
Notification Requirements
Pro-rata Share
Release Date
Effective Date
Representations and Warranties
Payment Obligations
Demand Procedures
Multiple Beneficiary Provisions
Priority Rights
Bank's Rights and Remedies
Enforcement
Duration and Expiry
Extensions
Assignment and Transfer
Amendments and Variations
Set-Off Rights
Currency Provisions
Notices
Electronic Communications
Counter-Indemnity
Security Provisions
Reduction Mechanics
Release Provisions
Force Majeure
Severability
Waiver
Costs and Expenses
Stamp Duty
Entire Agreement
Further Assurance
Governing Law
Jurisdiction
Service of Process
Banking and Financial Services
Construction and Infrastructure
International Trade
Project Finance
Real Estate Development
Manufacturing
Energy and Resources
Transportation and Logistics
Telecommunications
Legal
Finance
Treasury
Risk Management
Compliance
Commercial
Credit
Corporate Finance
Project Finance
Trade Finance
Chief Financial Officer
Treasury Manager
Finance Director
Legal Counsel
Company Secretary
Risk Manager
Commercial Director
Project Finance Manager
Trade Finance Manager
Compliance Officer
Banking Relationship Manager
Credit Risk Officer
Corporate Finance Manager
General Counsel
Transaction Manager
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