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Financial Guarantee And Performance Guarantee
"I need a Financial Guarantee and Performance Guarantee document for a construction project in Lagos, Nigeria, where ABC Bank will guarantee both payment obligations of NGN 500 million and performance commitments of XYZ Construction Company for the development of a commercial complex to be completed by March 2025."
1. Parties: Identifies and defines the Guarantor, Principal Debtor/Performer, and Beneficiary
2. Background: Describes the underlying transaction or obligation being guaranteed and the purpose of the guarantee
3. Definitions: Defines key terms used throughout the document
4. Guarantee and Indemnity: Core section establishing the guarantee obligations, including financial commitments and performance standards
5. Scope of Guarantee: Details the extent and limitations of the guarantee coverage
6. Duration and Validity: Specifies the term of the guarantee and conditions for its validity
7. Demands and Payments: Procedures for making claims under the guarantee and payment mechanisms
8. Representations and Warranties: Statements of fact and assurances from the guarantor
9. Enforcement Rights: Rights of the beneficiary to enforce the guarantee
10. Primary Obligation: Establishes the guarantee as a primary obligation independent of the underlying agreement
11. Non-Competition: Prevents guarantor from competing with beneficiary's claims against principal debtor
12. Costs and Expenses: Allocation of costs related to the guarantee
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Confirms Nigerian law as governing law and specifies jurisdiction for disputes
1. Counter-Indemnity: Used when the guarantor requires indemnification from the principal debtor
2. Security: Include when additional security is provided to support the guarantee
3. Step-In Rights: Optional rights for guarantor to take over principal debtor's position
4. Multiple Guarantors: Required when more than one guarantor is involved, defining joint and several liability
5. Assignment and Transfer: Include if parties want ability to transfer guarantee rights
6. Currency Provisions: Needed for international transactions involving multiple currencies
7. Force Majeure: Optional protection against unforeseen events affecting performance
8. Arbitration: Alternative dispute resolution mechanism if preferred over court jurisdiction
1. Form of Demand: Template for making claims under the guarantee
2. Underlying Agreement: Copy or summary of the agreement being guaranteed
3. Payment Schedule: If applicable, schedule of guaranteed payments or milestones
4. Performance Criteria: Detailed metrics and standards for performance guarantee
5. Security Documents: If applicable, details of any supporting security arrangements
6. Corporate Authorizations: Copies of relevant corporate approvals and authorizations
7. Guarantor's Financial Information: Required financial statements or proof of financial capacity
Authors
Applicable Law
Banking Day
Beneficiary
Business Day
Claim
Completion Date
Contract Price
Default Event
Default Interest
Demand
Effective Date
Enforcement Action
Event of Default
Expiry Date
Financial Indebtedness
Financial Obligations
Force Majeure Event
Guarantee Amount
Guarantee Obligations
Guaranteed Liabilities
Guarantor
Insolvency Event
Interest Period
Material Adverse Effect
Maximum Liability Amount
Naira
Notice
Obligations
Payment Date
Performance Criteria
Performance Standards
Permitted Security Interest
Principal Agreement
Principal Debtor
Principal Obligations
Project
Project Documents
Reference Rate
Relevant Jurisdiction
Security
Security Interest
Specified Performance
Step-In Rights
Termination Date
Underlying Agreement
Working Day
Payment Obligations
Performance Standards
Demand and Claims
Representations and Warranties
Covenants
Security
Default and Remedies
Enforcement
Duration and Validity
Termination
Force Majeure
Assignment and Transfer
Confidentiality
Notices
Costs and Expenses
Amendments and Waivers
Severability
Set-Off Rights
Counter-Indemnity
Step-In Rights
Dispute Resolution
Governing Law and Jurisdiction
Entire Agreement
Third Party Rights
Multiple Guarantors
Currency Provisions
Limitation of Liability
Further Assurance
Compliance with Laws
Banking and Financial Services
Construction and Infrastructure
Oil and Gas
Manufacturing
Real Estate Development
Telecommunications
Energy
Mining
Government and Public Sector
International Trade
Maritime and Shipping
Aviation
Legal
Finance
Risk Management
Treasury
Commercial
Compliance
Project Management
Operations
Credit
Corporate Secretariat
Business Development
Chief Financial Officer
Legal Counsel
Project Manager
Contract Manager
Risk Manager
Treasury Manager
Commercial Director
Finance Director
Bank Manager
Compliance Officer
Corporate Secretary
Business Development Manager
Operations Director
Credit Risk Officer
Project Finance Manager
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