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Irrevocable And Unconditional Bank Guarantee
"I need an Irrevocable and Unconditional Bank Guarantee under Austrian law for a construction project in Vienna, with a guaranteed amount of €5 million, valid until March 15, 2025, to be issued by Erste Bank in favor of Austrian Federal Railways as security for a railway infrastructure development contract."
1. Parties: Identification of the Guarantor Bank, the Beneficiary, and the Principal (the party whose obligations are being guaranteed)
2. Background: Brief context of the underlying transaction or relationship necessitating the guarantee
3. Definitions: Definitions of key terms used in the guarantee, including 'Guaranteed Amount', 'Expiry Date', and 'Underlying Agreement'
4. Guarantee: Core guarantee commitment, stating the unconditional and irrevocable nature of the guarantee and the maximum guaranteed amount
5. Demand Requirements: Specific format and content requirements for making a valid demand under the guarantee
6. Payment Terms: Timeline and process for payment upon receipt of a valid demand
7. Expiry: Terms regarding the expiry date of the guarantee and conditions for extension
8. Governing Law and Jurisdiction: Explicit statement of Austrian law as governing law and designation of jurisdiction for disputes
9. Notices: Communication methods and addresses for all formal notices under the guarantee
1. Reduction Clause: Optional clause specifying if and how the guarantee amount may be reduced over time - used when the guaranteed obligation decreases progressively
2. Transfer and Assignment: Provisions regarding the transferability of the guarantee - included when transfer rights need to be either permitted or prohibited
3. Language: Clause specifying the prevailing language - included when the guarantee is issued in multiple languages
4. Electronic Demands: Provisions for accepting electronic demands - included when parties agree to allow digital submission of demands
5. Counter-Guarantee: References to any counter-guarantee arrangements - included when the guarantee is issued under a counter-guarantee structure
6. Stamp Duty Declaration: Statement regarding stamp duty obligations - included when required by Austrian tax authorities
7. URDG 758 Application: Clause incorporating URDG 758 rules - included when parties agree to apply these international rules
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Agreement Extract: Relevant extract from the underlying agreement referring to the requirement for the guarantee
3. Authentication Procedures: Details of agreed procedures for authenticating demands, particularly relevant for electronic submissions
4. Authorized Signatories: List of persons authorized to sign demands on behalf of the beneficiary
Authors
Beneficiary
Principal
Guaranteed Amount
Underlying Agreement
Guaranteed Obligations
Expiry Date
Demand
Business Day
Banking Day
Effective Date
Maximum Liability
Governing Law
Demand Notice
Payment Period
Presentation
Authorized Representative
Valid Demand
Guarantee Period
Force Majeure Event
Material Adverse Change
Original Guarantee
Counter-Guarantee
Authenticated SWIFT
Guarantee Claim
Available Amount
Currency of Payment
Place of Presentation
Supporting Documents
Stamp Duty
Recitals
Definitions
Guarantee Undertaking
Unconditional Payment Obligation
Demand Requirements
Payment Terms
Maximum Liability
Duration and Expiry
Reduction Provisions
Assignment and Transfer
Presentment Requirements
Force Majeure
Notices
Stamp Duty and Costs
Governing Law
Jurisdiction
Language
Amendments
Independence
Counter-Guarantee
Electronic Presentation
Authentication
Authorized Signatories
Form Requirements
Termination
Enforcement
Severability
Banking and Financial Services
Construction and Infrastructure
International Trade
Manufacturing
Energy and Utilities
Real Estate Development
Telecommunications
Government and Public Sector
Mining and Resources
Transport and Logistics
Legal
Treasury
Trade Finance
Risk Management
Compliance
Corporate Banking
Credit
Operations
International Banking
Commercial
Chief Financial Officer
Treasury Manager
Trade Finance Manager
Legal Counsel
Corporate Banking Officer
Risk Manager
Compliance Officer
Contract Manager
Project Finance Manager
Commercial Director
Credit Risk Officer
Banking Operations Manager
International Trade Specialist
Corporate Finance Manager
Senior Bank Guarantees Officer
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