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Financial Performance Guarantee
"I need a Financial Performance Guarantee document where ABC Bank Limited will guarantee INR 50 crore to XYZ Infrastructure Ltd (beneficiary) for a metro rail construction project in Mumbai, with the guarantee valid until March 2025."
1. Parties: Identifies the Guarantor (typically a bank or financial institution), the Principal (party whose performance is being guaranteed), and the Beneficiary
2. Background: Context of the underlying transaction and reason for the guarantee
3. Definitions: Key terms used throughout the guarantee document
4. Scope of Guarantee: Specific financial obligations being guaranteed and the maximum liability amount
5. Duration and Validity: Term of the guarantee, including commencement and expiry dates
6. Conditions for Invocation: Circumstances under which the guarantee can be called upon and the process for making a claim
7. Payment Terms: Timeline and method for payment upon invocation of the guarantee
8. Guarantor's Rights and Obligations: Legal rights, responsibilities, and limitations of the guarantor's liability
9. Representations and Warranties: Legal statements and assurances made by all parties
10. Governing Law and Jurisdiction: Confirmation of Indian law application and jurisdiction for disputes
11. Notices: Communication procedures and contact details for all parties
1. Counter Guarantee: Required when there is a back-to-back guarantee arrangement with another financial institution
2. Step-in Rights: Included when the guarantor has the right to take over the principal's obligations
3. Assignment Provisions: Needed if the guarantee rights may be transferred or assigned
4. Multiple Beneficiaries: Required when the guarantee is issued in favor of multiple parties
5. Partial Claims Provisions: Included when partial claims against the guarantee are permitted
6. Currency Provisions: Required for cross-border guarantees involving foreign currency
7. Force Majeure: Optional clause for events beyond parties' control affecting guarantee obligations
1. Schedule 1 - Form of Demand: Standard format for making a claim under the guarantee
2. Schedule 2 - Underlying Contract Details: Summary of the principal contract being guaranteed
3. Schedule 3 - Performance Metrics: Specific performance indicators that trigger guarantee liability
4. Schedule 4 - Fee Structure: Details of guarantee fees, charges, and payment schedule
5. Schedule 5 - Required Documents: List of documents needed for guarantee invocation
6. Appendix A - Power of Attorney: Authorization documents for signatories
7. Appendix B - Board Resolutions: Corporate authorizations for entering into the guarantee
Authors
Guarantee Period
Beneficiary
Principal
Guarantor
Underlying Contract
Performance Obligations
Demand Notice
Event of Default
Claim Period
Expiry Date
Business Day
Guaranteed Obligations
Invocation Notice
Payment Date
Security Interest
Force Majeure Event
Affiliate
Applicable Law
Authority
Counter Guarantee
Default Interest
Encumbrance
Financial Indebtedness
Guarantee Fee
Material Adverse Effect
Notice of Demand
Performance Standards
Permitted Security Interest
Reference Bank Rate
Regulatory Requirement
RBI
Stamp Duty
Substantial Performance
Trigger Event
Validity Period
Working Day
Scope of Guarantee
Duration and Validity
Payment Obligations
Demand Procedure
Representations and Warranties
Undertakings
Events of Default
Enforcement
Assignment and Transfer
Fees and Costs
Tax Provisions
Currency Provisions
Force Majeure
Notices
Amendments and Waivers
Severability
Counterparts
Confidentiality
Dispute Resolution
Governing Law and Jurisdiction
Indemnification
Regulatory Compliance
Step-in Rights
Set-off Rights
Documentation Requirements
Termination
Entire Agreement
Third Party Rights
Time of Essence
Banking and Financial Services
Construction and Infrastructure
Real Estate Development
Manufacturing
Energy and Utilities
Mining and Resources
Telecommunications
Government and Public Sector
Engineering and Procurement
International Trade
Legal
Finance
Treasury
Risk Management
Project Management
Commercial
Procurement
Compliance
Credit
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Project Finance Manager
Risk Manager
Commercial Director
Contract Manager
Legal Counsel
Company Secretary
Project Director
Procurement Manager
Relationship Manager (Banking)
Credit Risk Officer
Compliance Officer
Business Development Manager
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