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Guarantee Facility Agreement
"I need a Guarantee Facility Agreement under Indian law for a multi-currency facility of up to USD 50 million, where ABC Bank will issue guarantees on behalf of our manufacturing company to support international trade contracts, with quarterly reporting requirements."
1. Parties: Identification of the guarantor, beneficiary, and principal debtor
2. Background: Context of the guarantee facility, underlying relationship, and purpose
3. Definitions and Interpretation: Key terms, construction rules, and interpretation principles
4. Facility Details: Scope, amount, and nature of the guarantee facility
5. Conditions Precedent: Prerequisites for facility effectiveness and issuance of guarantees
6. Issuance Mechanism: Procedures and requirements for requesting and issuing guarantees
7. Fees and Costs: Commission, charges, and payment terms
8. Representations and Warranties: Standard and specific declarations by the parties
9. Undertakings: Ongoing obligations of the parties
10. Events of Default: Circumstances constituting default and consequences
11. Indemnity and Reimbursement: Terms for reimbursement and indemnification obligations
12. Payment Mechanics: Payment procedures, timing, and currency provisions
13. Changes to Parties: Assignment and transfer provisions
14. Notices: Communication procedures and contact details
15. Governing Law and Jurisdiction: Choice of law and dispute resolution mechanisms
1. Security Provisions: Required when the facility is secured by collateral or third-party security
2. Counter Guarantee: Needed when there is a back-to-back guarantee arrangement
3. Multiple Guarantor Provisions: Required when there are multiple guarantors providing joint or several guarantees
4. Currency Provisions: Necessary for cross-border or multi-currency guarantee facilities
5. Digital/Electronic Issuance: Required when guarantees can be issued electronically
6. Agent Provisions: Needed when there is a facility agent managing multiple beneficiaries
7. Step-in Rights: Required in project finance or complex commercial arrangements
1. Guarantee Facility Terms: Detailed terms including limits, sub-limits, and pricing
2. Form of Guarantee Request: Standard format for requesting issuance of guarantees
3. Form of Guarantee: Template(s) for the guarantee instrument(s)
4. Conditions Precedent Documents: List of required documents and conditions
5. Security Documents: Forms and details of security arrangements if applicable
6. Fee Schedule: Detailed breakdown of fees, charges, and commission
7. Authorized Signatories: List of persons authorized to request guarantees
8. Notice Details: Contact information and address details of all parties
Authors
Applicable Law
Authorized Representative
Available Facility
Banking Day
Beneficiary
Business Day
Claim
Conditions Precedent
Counter Guarantee
Default
Default Interest
Event of Default
Facility
Facility Documents
Facility Limit
Fee Letter
Finance Documents
Financial Indebtedness
Guarantee
Guarantee Commission
Guarantee Request
Guaranteed Obligations
Guarantor
Indian GAAP
Issuance Date
Material Adverse Effect
Obligor
Outstanding Amount
Potential Default
Principal Debtor
RBI
Reference Banks
Relevant Jurisdiction
Security
Security Documents
Security Interest
Security Provider
Sub-limit
Tax
Term
Transaction Documents
Utilization
Validity Period
Facility Terms
Purpose
Conditions Precedent
Utilization
Issuance Mechanism
Reimbursement
Security
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Changes to Parties
Payment Mechanics
Set-off
Fees and Expenses
Indemnities
Costs and Expenses
Guarantee and Indemnity
Currency
Counter-Indemnity
Tax Gross Up
Increased Costs
Severability
Force Majeure
Notices
Amendments and Waivers
Confidentiality
Assignment and Transfer
Counterparts
Governing Law
Dispute Resolution
Service of Process
Jurisdiction
Banking and Financial Services
Construction and Infrastructure
Manufacturing
International Trade
Real Estate
Energy and Utilities
Telecommunications
Mining
Oil and Gas
Government and Public Sector
Retail
Technology
Legal
Finance
Treasury
Risk Management
Compliance
Commercial Operations
Credit
Corporate Banking
Trade Finance
Project Finance
Chief Financial Officer
Treasury Manager
Finance Director
Legal Counsel
Commercial Director
Risk Manager
Relationship Manager
Credit Officer
Company Secretary
Compliance Officer
Business Development Manager
Contract Manager
Project Finance Manager
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