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Cash Backed Bank Guarantee
"I need a Cash Backed Bank Guarantee template where ABC Construction Ltd will provide a 50 million INR cash margin to State Bank of India, who will issue a performance guarantee in favor of the Delhi Metro Corporation, valid until March 2025."
1. Parties: Identifies all parties: the Bank (Guarantor), the Applicant (who provides the cash backing), and the Beneficiary
2. Background: Details the underlying transaction or relationship necessitating the bank guarantee
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee Amount: Specifies the maximum amount of the guarantee and currency
5. Cash Margin Details: Specifies the cash backing amount, account details, and terms of the cash deposit
6. Duration and Validity: Specifies the effective date, expiry date, and claim period of the guarantee
7. Demand and Payment Terms: Details the conditions and process for making a demand under the guarantee
8. Bank's Rights and Obligations: Outlines the bank's responsibilities and rights regarding the guarantee and cash margin
9. Applicant's Representations and Warranties: Standard representations regarding capacity, authority, and legality
10. Assignment and Transfer: Provisions regarding transfer or assignment of rights under the guarantee
11. Governing Law and Jurisdiction: Specifies Indian law as governing law and relevant jurisdiction for disputes
1. Counter Guarantee: Required when there's a counter-guarantee from another bank or financial institution
2. Multiple Beneficiaries: Required when the guarantee has more than one beneficiary
3. Foreign Currency Provisions: Required for guarantees issued in foreign currency, addressing exchange rate mechanisms
4. Step-in Rights: Optional provisions allowing the bank to step into the underlying transaction
5. Automatic Extension Clause: Optional provision for automatic extension of guarantee validity under specified conditions
6. Partial Claims: Required when partial claims under the guarantee are permitted
7. Tax Provisions: Required when specific tax implications need to be addressed
1. Form of Demand: Template for making a valid demand under the guarantee
2. Cash Margin Account Details: Detailed information about the cash margin account and operational procedures
3. Underlying Transaction Documents: Summary or copies of the primary transaction documents
4. Fee Schedule: Details of bank fees, charges, and commission
5. Authorized Signatories: List of authorized signatories for the Applicant and Beneficiary
6. Communication Protocol: Specified format and channels for notices and communications
Authors
Bank
Beneficiary
Business Day
Cash Margin
Cash Margin Account
Claim
Counter Guarantee
Demand
Effective Date
Expiry Date
Guarantee Amount
Guarantee Period
Interest Rate
Notice
Obligations
Payment Date
Pledge
Reference Rate
Related Rights
RBI
Security Interest
Specified Currency
Underlying Transaction
Working Hours
Event of Default
Authorized Representative
Claim Period
Enforcement Event
Force Majeure Event
Guaranteed Obligations
Maximum Liability
Permitted Security Interest
Stamp Duty
Tax
Cash Margin Requirements
Payment Obligations
Demand and Claims
Security Interest
Representations and Warranties
Covenants
Events of Default
Enforcement
Assignment and Transfer
Fees and Expenses
Tax
Currency and Payment
Notices
Amendments and Waivers
Severability
Force Majeure
Indemnification
Confidentiality
Governing Law
Jurisdiction
Dispute Resolution
Authorization
Term and Termination
Stamp Duty
Registration
Counterparts
Entire Agreement
Banking and Financial Services
Construction and Infrastructure
International Trade
Manufacturing
Real Estate
Energy and Utilities
Telecommunications
Government and Public Sector
Retail
Transportation and Logistics
Legal
Finance
Treasury
Risk Management
Compliance
Commercial Operations
Corporate Banking
Trade Finance
Credit Administration
Business Development
Chief Financial Officer
Treasury Manager
Finance Director
Risk Manager
Legal Counsel
Compliance Officer
Commercial Director
Contract Manager
Banking Relationship Manager
Credit Manager
Financial Controller
Company Secretary
Business Development Manager
Project Manager
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