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Financial Performance Guarantee
"Need a Financial Performance Guarantee where our bank (Deutsche Bank) will guarantee payment obligations of up to $5 million for our subsidiary's construction project in Texas, to be effective from March 2025."
1. Parties: Identification of guarantor, beneficiary, and principal obligor
2. Background: Context of the guarantee and underlying obligation
3. Definitions: Key terms used throughout the agreement
4. Guarantee: Scope and nature of the guarantee obligation
5. Payment Terms: Conditions and process for calling on the guarantee
6. Duration: Term of the guarantee and expiry conditions
7. Representations and Warranties: Standard assurances from all parties
1. Collateral Requirements: Details of any security required, used when guarantee is secured
2. Step-In Rights: Rights of guarantor to take over underlying obligation, used in complex transactions
3. Counter-Indemnity: Principal's obligation to reimburse guarantor, used in three-party arrangements
1. Form of Demand: Template for making claims under the guarantee
2. Underlying Obligation Details: Description of the obligation being guaranteed
3. Security Documents: If applicable, details of any collateral arrangements
4. Financial Covenants: If applicable, specific financial requirements and tests
Authors
Beneficiary
Business Day
Claim
Default Event
Demand Notice
Effective Date
Expiry Date
Guaranteed Obligations
Guarantor
Guaranteed Amount
Guarantee Period
Law
Maximum Liability
Notice
Obligor
Payment Date
Principal
Principal Agreement
Related Rights
Security
Subsidiary
Underlying Agreement
Valid Claim
Working Day
Scope of Guarantee
Payment Terms
Conditions Precedent
Representations and Warranties
Duration and Expiry
Demand Procedure
Maximum Liability
Indemnification
Subrogation Rights
Assignment and Transfer
Amendments and Waivers
Notices
Governing Law
Jurisdiction
Force Majeure
Severability
Confidentiality
Dispute Resolution
Termination
Set-Off Rights
Counter-Indemnity
Costs and Expenses
Further Assurance
Entire Agreement
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