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Open Ended Bank Guarantee
"I need an Open Ended Bank Guarantee for RM 5 million to secure a construction project in Kuala Lumpur, with HSBC Bank Malaysia as guarantor and Malaysian Infrastructure Development Corporation as beneficiary, including specific provisions for partial demands."
1. Parties: Identifies the Bank (Guarantor), the Principal (party requesting the guarantee), and the Beneficiary
2. Background: Describes the underlying transaction or relationship necessitating the guarantee
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee Amount: Specifies the maximum amount the bank guarantees
5. Scope of Guarantee: Details the obligations covered by the guarantee
6. Duration and Validity: Specifies that the guarantee is open-ended and conditions for validity
7. Bank's Undertaking: The bank's primary obligations and commitment to pay
8. Demand Requirements: Procedures and conditions for making a valid demand under the guarantee
9. Payment Terms: Specifies how and when payment will be made upon valid demand
10. Governing Law and Jurisdiction: Confirms Malaysian law as governing law and specifies jurisdiction
11. Notices: Details how formal communications between parties should be made
12. Assignment and Transfer: Restrictions on assignment or transfer of the guarantee
1. Counter-Indemnity: Include when the Principal provides counter-indemnity to the bank
2. Multiple Beneficiaries: Include when there are multiple beneficiaries to specify their rights
3. Partial Demands: Include when partial demands are permitted under the guarantee
4. Bank's Right of Set-Off: Include when the bank reserves right to set off against Principal's accounts
5. Electronic Presentations: Include when electronic demands or communications are permitted
6. Force Majeure: Include when specific force majeure provisions are required
7. Language: Include when document may be executed in multiple languages
1. Form of Demand: Template for making a valid demand under the guarantee
2. Details of Underlying Transaction: Specific details of the transaction or obligation being guaranteed
3. Bank's Contact Details: Complete contact information for the issuing bank branch
4. Authentication Procedures: Procedures for verifying authenticity of demands and communications
5. Fee Schedule: Details of bank's fees and charges related to the guarantee
6. Required Documents: List of documents required to accompany any demand
Authors
Beneficiary
Principal
Guarantee Amount
Guarantee
Business Day
Demand
Underlying Transaction
Payment Date
Counter Guarantee
Bank Charges
Authorised Signatory
Ringgit Malaysia
Governing Law
Notice
Original Guarantee
Place of Presentation
Security Interest
Banking Hours
Material Adverse Change
Force Majeure Event
Guarantor Obligations
Enforcement Action
Valid Demand
Principal Obligations
Default Event
Guarantee Instrument
Authentication Procedure
Bank Account
Presentation Date
Recitals
Definitions
Guarantee Undertaking
Payment Obligations
Demand Requirements
Bank's Rights
Duration
Representations and Warranties
Assignments and Transfers
Notices
Governing Law
Jurisdiction
Amendment
Severability
Entire Agreement
Waiver
Costs and Expenses
Stamp Duty
Counterparts
Indemnification
Set-Off Rights
Currency
Authentication
Dispute Resolution
Compliance with Laws
Termination
Force Majeure
Confidentiality
Language
Banking and Financial Services
Construction and Infrastructure
International Trade
Real Estate Development
Manufacturing
Energy and Utilities
Government and Public Sector
Telecommunications
Mining and Resources
Transportation and Logistics
Legal
Finance
Treasury
Risk Management
Procurement
Commercial
Project Management
Corporate Finance
Credit
Compliance
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Contract Manager
Legal Counsel
Risk Manager
Commercial Director
Project Manager
Procurement Manager
Banking Relationship Manager
Corporate Finance Manager
Credit Risk Officer
Company Secretary
Financial Controller
Business Development Manager
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