Credit Line Against Bank Guarantee Template for United States

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Key Requirements PROMPT example:

Credit Line Against Bank Guarantee

"Need a Credit Line Against Bank Guarantee agreement for a $10 million facility to be provided by Chase Bank, secured by a guarantee from HSBC Bank, with quarterly interest payments and a maturity date of March 15, 2025."

Document background
The Credit Line Against Bank Guarantee agreement is utilized when a borrower requires financing but prefers to secure it through a bank guarantee rather than traditional collateral. This arrangement is particularly common in international trade and large-scale projects where the borrower's primary bank may be different from the lending institution. The document incorporates U.S. federal and state banking regulations, including UCC Article 5 provisions and Federal Reserve requirements. It outlines the tripartite relationship between lender, borrower, and guarantor bank, specifying rights, obligations, and enforcement mechanisms.
Suggested Sections

1. Parties: Identification of lender, borrower, and guarantor bank

2. Background: Context of the credit facility and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including banking, financial and technical terms

4. Credit Facility Terms: Amount, interest rate, tenure, and utilization conditions of the credit line

5. Bank Guarantee Details: Specifications of the bank guarantee including amount, validity, and issuing bank requirements

6. Representations and Warranties: Statements of fact by parties regarding their capacity, authority, and compliance with laws

7. Covenants: Ongoing obligations of the parties including financial covenants and reporting requirements

8. Events of Default: Circumstances constituting default and consequences thereof

9. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction over disputes

Optional Sections

1. Security Structure: Additional security arrangements beyond the bank guarantee, used when additional collateral is required

2. Syndication Provisions: Terms for multiple lenders, included for syndicated facilities

3. Currency Provisions: Terms for multi-currency facilities, included when multiple currencies are involved

4. Anti-Money Laundering Provisions: Special provisions for AML compliance, included for high-risk transactions or jurisdictions

Suggested Schedules

1. Form of Bank Guarantee: Template and requirements for the bank guarantee including format and essential terms

2. Utilization Request Form: Standard form for requesting drawdowns under the credit facility

3. Fee Schedule: Detailed breakdown of all applicable fees, charges, and commissions

4. Conditions Precedent: List of documents and conditions required before first utilization of the facility

5. Compliance Certificate: Template for periodic compliance reporting by the borrower

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Banking and Financial Services

International Trade

Manufacturing

Construction

Infrastructure

Relevant Teams

Finance

Treasury

Legal

Risk Management

Operations

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Credit Risk Manager

Legal Counsel

Industries

UCC Article 5: Uniform Commercial Code provisions governing Letters of Credit and bank guarantees, providing framework for credit arrangements and security instruments

Federal Reserve Regulation H: Federal regulation governing bank guarantees and membership requirements for state-chartered banks in the Federal Reserve System

Truth in Lending Act (TILA) and Regulation Z: Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

Bank Secrecy Act (BSA): Requires financial institutions to assist government agencies in detecting and preventing money laundering through reporting and compliance requirements

Equal Credit Opportunity Act (ECOA): Prohibits discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or public assistance status

Fair Credit Reporting Act (FCRA): Regulates the collection, dissemination, and use of consumer credit information, ensuring fairness and privacy in credit reporting

FDIC Regulations: Federal Deposit Insurance Corporation regulations governing bank operations, safety, and soundness standards for credit facilities

OCC Guidelines: Office of the Comptroller of the Currency guidelines for national banks regarding credit facilities and bank guarantees

Dodd-Frank Act: Comprehensive financial reform legislation affecting banking operations, consumer protection, and systemic risk management

State Banking Regulations: State-specific laws and regulations governing banking operations and credit facilities within individual states

State Usury Laws: State-specific limitations on interest rates and charges that can be imposed on credit facilities

UCP 600: Uniform Customs and Practice for Documentary Credits, providing international standards for bank guarantees and letters of credit

ISP98: International Standby Practices, governing international standby letters of credit and bank guarantees

USA PATRIOT Act: Anti-terrorism legislation including provisions for enhanced due diligence and customer identification in banking transactions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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