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Cash Backed Bank Guarantee
"I need a Cash Backed Bank Guarantee for RM 5 million to secure a construction contract with the Malaysian government, with the guarantee to be issued by Maybank and valid until March 2025."
1. Parties: Identification of the Bank (Guarantor), the Applicant (providing cash backing), and the Beneficiary
2. Background: Context of the underlying transaction and purpose of the guarantee
3. Definitions: Key terms used in the guarantee including 'Guarantee Amount', 'Cash Deposit', 'Expiry Date', etc.
4. Guarantee: Core guarantee provisions including amount, scope, and bank's undertaking
5. Cash Backing Arrangements: Terms regarding the cash deposit, including amount, maintenance, and restrictions
6. Duration and Validity: Period of guarantee, expiry conditions, and any extension provisions
7. Demand Requirements: Process and conditions for making a demand under the guarantee
8. Bank's Rights and Obligations: Scope of bank's responsibilities and rights regarding the guarantee and cash deposit
9. Applicant's Covenants: Obligations of the applicant regarding maintenance of cash backing and compliance
10. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction provisions
1. Counter-Indemnity: Additional indemnity provisions from the applicant to the bank, used in complex transactions
2. Transfer and Assignment: Provisions regarding transferability of the guarantee, included if transfers are to be permitted
3. Multiple Beneficiaries: Additional provisions for cases with more than one beneficiary
4. Foreign Currency Provisions: Special provisions for guarantees involving foreign currency, when applicable
5. Step-In Rights: Provisions allowing the bank to step into the underlying transaction, used in project finance
6. Force Majeure: Provisions dealing with extraordinary events, included for long-term guarantees
1. Form of Demand: Prescribed format for making a demand under the guarantee
2. Cash Deposit Details: Specific details of the cash backing arrangement including account details
3. Fee Schedule: Details of bank's fees and charges
4. Underlying Transaction Documents: Summary or copies of the transaction documents related to the guarantee
5. Authorized Signatories: List of persons authorized to make demands or communications under the guarantee
Authors
Recitals
Definitions
Guarantee Issuance
Cash Deposit
Security Interest
Demand Procedure
Payment Obligations
Duration
Representations and Warranties
Bank Rights
Applicant Obligations
Assignment
Notices
Confidentiality
Force Majeure
Amendment
Severability
Waiver
Costs and Expenses
Indemnification
Set-Off
Governing Law
Dispute Resolution
Entire Agreement
Counterparts
Banking and Financial Services
Construction and Infrastructure
International Trade
Real Estate Development
Manufacturing
Energy and Resources
Government and Public Sector
Telecommunications
Retail and Commercial
Legal
Finance
Treasury
Risk Management
Compliance
Commercial
Credit
Corporate Banking
Project Management
Contracts Administration
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Banking Manager
Risk Manager
Legal Counsel
Contract Manager
Project Manager
Commercial Director
Compliance Officer
Credit Risk Officer
Banking Relationship Manager
Corporate Finance Manager
Financial Controller
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