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Bank Counter Guarantee
"I need a Bank Counter Guarantee under Austrian law for EUR 2.5 million to support our Vienna-based bank's guarantee to Deutsche Bank AG for a large construction project in Germany, with validity until March 15, 2025, including electronic presentation of documents via SWIFT."
1. Parties: Identification of the Counter-Guarantor Bank and the Beneficiary Bank
2. Background: Context of the underlying transaction and original guarantee that necessitates this counter-guarantee
3. Definitions: Key terms used in the counter-guarantee including 'Original Guarantee', 'Principal', 'Underlying Contract', etc.
4. Counter-Guarantee Amount: Specification of the maximum amount and currency of the counter-guarantee
5. Scope of Counter-Guarantee: Detailed description of the counter-guarantee obligations and conditions for payment
6. Validity Period: Effective date and expiry date or conditions of the counter-guarantee
7. Demand Requirements: Specific requirements and documentation needed for making a valid demand under the counter-guarantee
8. Payment Terms: Timeline and process for payment upon receipt of a compliant demand
9. Reduction and Release: Conditions under which the counter-guarantee amount may be reduced or the counter-guarantee released
10. Communications: Format and method of acceptable communications between parties
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction details
1. Force Majeure: Provisions dealing with extraordinary events affecting the counter-guarantee, used when specifically requested or in high-value transactions
2. Language: Specification of prevailing language when multiple versions exist, needed for international transactions
3. Assignment: Provisions regarding transfer of rights, included when assignment might be relevant
4. Alternative Dispute Resolution: Mediation or arbitration provisions, included when parties prefer alternative to court proceedings
5. Sanctions Clause: Compliance with international sanctions, included for international transactions
6. Digital Documentation: Provisions for electronic presentation of documents, included when digital processing is permitted
7. Counter-Guarantee Fees: Details of fees and charges, included when not covered in separate fee documentation
1. Form of Demand: Template for making a compliant demand under the counter-guarantee
2. Original Guarantee Details: Copy or key details of the original guarantee being counter-guaranteed
3. Underlying Contract Summary: Key details of the underlying commercial contract
4. Authorized Signatories: List of persons authorized to make demands or communications
5. Fee Schedule: Detailed breakdown of applicable fees and charges if not in main text
Authors
Banking Day
Beneficiary Bank
Business Day
Counter-Guarantee
Counter-Guarantor
Complying Presentation
Demand
Effective Date
Event of Default
Expiry Date
Force Majeure
Governing Law
ICC URDG
Maximum Liability Amount
Non-Banking Day
Original Guarantee
Original Guarantor
Payment Obligation
Permitted Transfer
Principal
Principal Contract
Relevant Documents
Sanctions
Security Interest
SWIFT
Ultimate Beneficiary
Underlying Transaction
Valid Demand
Working Day
Issuance
Duration and Validity
Payment Obligations
Demand Requirements
Documentary Requirements
Reduction and Release
Counter-Indemnity
Bank's Rights and Obligations
Communications
Force Majeure
Assignment and Transfer
Sanctions Compliance
Anti-Money Laundering
Fees and Charges
Set-Off Rights
Representations and Warranties
Default Events
Currency Provisions
Tax Provisions
Confidentiality
Notice Requirements
Electronic Processing
Amendment Procedures
Dispute Resolution
Governing Law and Jurisdiction
Severability
Entire Agreement
Banking and Financial Services
International Trade
Construction
Manufacturing
Infrastructure Development
Energy
Telecommunications
Real Estate
Shipping and Maritime
Defense Contracting
Legal
Compliance
Risk Management
Trade Finance
International Banking
Credit Operations
Treasury
Documentary Credits
Financial Control
Banking Operations
Trade Finance Manager
Banking Operations Director
Legal Counsel
Compliance Officer
Risk Management Officer
International Banking Manager
Documentary Credits Specialist
Guarantees Department Head
Senior Credit Officer
Treasury Manager
Financial Controller
Banking Relations Manager
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