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Conditional Bank Guarantee
"I need a Conditional Bank Guarantee under Dutch law for a construction project, where my company (ABC Construction BV) requires a €2.5 million guarantee from XYZ Bank N.V. in favor of Rotterdam Municipality, valid until March 15, 2025, with payment conditional upon certified non-completion of the stadium project."
1. Parties: Identification of the Bank (Guarantor), the Applicant (Principal), and the Beneficiary
2. Background: Context of the underlying transaction and reason for the guarantee
3. Definitions: Definitions of key terms used throughout the guarantee
4. Guarantee Amount: Specification of the maximum amount of the guarantee and currency
5. Guarantee Period: Validity period of the guarantee, including start date and expiry date
6. Conditions for Payment: Detailed conditions that must be met before payment can be demanded
7. Demand Requirements: Format and content requirements for making a valid demand under the guarantee
8. Payment Terms: Timeline and process for payment upon receipt of a valid demand
9. Reduction Provisions: Circumstances and process for reduction of the guarantee amount
10. Expiry and Return: Provisions regarding expiry of the guarantee and return of the original document
11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution formalities
1. Transfer and Assignment: Include when the guarantee needs to be transferable or assignable
2. Language Provisions: Include when the guarantee may be used internationally or with non-Dutch parties
3. Force Majeure: Include when specific force majeure provisions are required beyond standard Dutch law
4. Counter-Guarantee Provisions: Include when there is a counter-guarantee structure involved
5. Electronic Presentation: Include when demands can be made electronically
6. Partial Demands: Include when multiple partial demands are permitted
7. Anti-Money Laundering Compliance: Include when specific AML requirements need to be highlighted
8. Sanctions Compliance: Include when international sanctions compliance needs to be addressed
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Contract Details: Summary or extract of the relevant parts of the underlying contract
3. Required Documents: List and format of documents required to accompany a demand
4. Authorized Signatories: List of persons authorized to make demands under the guarantee
5. Bank's Standard Terms: Bank's standard terms and conditions applicable to the guarantee
6. Communication Details: Contact information and communication protocols for all parties
Authors
Guarantor
Principal
Beneficiary
Guaranteed Amount
Underlying Contract
Expiry Date
Demand
Valid Demand
Banking Day
Payment Period
Supporting Documents
Notice
Authorized Representative
Applicable Law
Guarantee Period
Maximum Liability
Guarantee Currency
Event of Default
Conditions Precedent
Claim Period
Original Guarantee
Force Majeure Event
Business Hours
Presentation
Counter-Guarantee
Governing Language
Reduction Amount
Material Adverse Change
Sanctions
Definitions
Scope of Guarantee
Guarantee Amount
Duration and Expiry
Payment Obligations
Conditions for Payment
Demand Requirements
Documentary Requirements
Payment Terms
Reduction Provisions
Transfer and Assignment
Communications
Amendments
Force Majeure
Representations and Warranties
Governing Law
Jurisdiction
Notices
Entire Agreement
Severability
Counterparts
Language
Compliance
Anti-Money Laundering
Sanctions
Termination
Dispute Resolution
Costs and Expenses
Confidentiality
Assignment and Transfer
Waiver
Time Limits
Bank's Rights and Obligations
Electronic Presentations
Release and Discharge
Construction
Real Estate
International Trade
Manufacturing
Infrastructure
Energy
Telecommunications
Maritime and Shipping
Aviation
Public Sector
Financial Services
Engineering
Oil and Gas
Legal
Finance
Treasury
Risk Management
Compliance
Commercial
Procurement
Project Management
Trade Finance
Credit Risk
Corporate Secretariat
Chief Financial Officer
Finance Director
Treasury Manager
Contract Manager
Project Manager
Legal Counsel
Commercial Director
Risk Manager
Banking Relationship Manager
Procurement Manager
Financial Controller
Company Secretary
Trade Finance Manager
Credit Risk Officer
Compliance Officer
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