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Open Ended Bank Guarantee
"I need an Open Ended Bank Guarantee template for a construction project in Auckland, where my company (BuildTech NZ Ltd) requires a NZD 5 million guarantee from ANZ Bank to be issued in favor of Auckland City Council by March 2025."
1. Parties: Identifies the guarantor bank, the applicant (principal debtor), and the beneficiary
2. Background: Sets out the context of the guarantee, including the underlying transaction or relationship between the applicant and beneficiary
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee Amount: Specifies the maximum amount of the guarantee and the currency
5. Scope of Guarantee: Details the obligations being guaranteed and the nature of the bank's commitment
6. Demand Requirements: Specifies the form and conditions under which a demand can be made under the guarantee
7. Payment Terms: Sets out the timeframe and method for payment upon valid demand
8. Bank's Rights and Obligations: Outlines the bank's responsibilities and rights under the guarantee
9. Validity Period: States that the guarantee is open-ended but may include conditions for termination
10. Governing Law and Jurisdiction: Specifies New Zealand law as governing law and identifies jurisdiction for disputes
1. Counter-Indemnity: Required when the applicant must provide indemnity to the bank; typically included in a separate document
2. Assignment Provisions: Include when the guarantee needs to be transferable or assignable
3. Reduction Clauses: Include when the guarantee amount may be reduced over time or upon certain events
4. Multiple Beneficiaries: Include when there are multiple beneficiaries with specific rights and arrangements
5. Force Majeure: Include when specific force majeure provisions are required beyond standard law
6. Language Requirements: Include when the guarantee may need to be provided in multiple languages
7. Special Conditions: Include when there are specific conditions or requirements unique to the transaction
1. Schedule 1 - Form of Demand: Template for making a valid demand under the guarantee
2. Schedule 2 - Authorized Signatories: List of persons authorized to make demands under the guarantee
3. Schedule 3 - Supporting Documents: List of required supporting documents for making a demand
4. Schedule 4 - Communication Details: Contact details and notice requirements for all parties
5. Appendix A - Underlying Agreement Reference: Details of the underlying agreement or transaction being guaranteed
6. Appendix B - Special Instructions: Any special instructions for processing demands or communications
Authors
Bank
Beneficiary
Business Day
Demand
Guarantee Amount
Guaranteed Obligations
Guarantor
Principal
Supporting Documents
Underlying Agreement
Valid Demand
Working Hours
Applicable Law
Banking Day
Counter-Guarantee
Event of Default
Force Majeure Event
Guarantee Period
Maximum Liability
Notice
Payment Currency
Proper Demand
Related Rights
Security Interest
Termination Event
Trigger Event
Written Notice
Payment Terms
Demand Procedures
Representations and Warranties
Bank's Rights
Enforcement
Termination
Assignment
Notices
Governing Law
Dispute Resolution
Compliance
Force Majeure
Indemnification
Amendments
Severability
Entire Agreement
Currency
Anti-Money Laundering
Regulatory Compliance
Confidentiality
Communications
Costs and Expenses
Set-Off Rights
Third Party Rights
Counter-Indemnity
Waiver
Banking and Financial Services
Construction and Infrastructure
International Trade
Real Estate Development
Manufacturing
Energy and Utilities
Mining and Resources
Telecommunications
Government and Public Sector
Retail and Commerce
Legal
Finance
Treasury
Risk Management
Commercial Operations
Procurement
Compliance
Corporate Affairs
Credit Management
Project Finance
Chief Financial Officer
Treasury Manager
Finance Director
Commercial Director
Risk Manager
Contract Manager
Legal Counsel
Company Secretary
Credit Manager
Project Finance Manager
Procurement Manager
Business Development Manager
Financial Controller
Banking Relationship Manager
Compliance Officer
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