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Standby Guarantee
"I need a Standby Guarantee under Belgian law for €5 million to secure performance obligations in a construction project, where BNP Paribas will be the guarantor bank, valid until March 15, 2025, with quarterly reduction provisions linked to project milestones."
1. Parties: Identification of the Guarantor (typically a bank), the Beneficiary, and the Principal (the party on whose behalf the guarantee is issued)
2. Background: Brief context of the underlying transaction or relationship necessitating the standby guarantee
3. Definitions: Key terms used in the guarantee, including 'Guaranteed Amount', 'Expiry Date', 'Demand', and other relevant terms
4. Guarantee: Core section detailing the fundamental guarantee commitment, including the maximum amount and nature of the guarantee
5. Demand Requirements: Specific requirements and format for making a valid demand under the guarantee, including any required documentation
6. Payment Terms: Details of how and when payment will be made following a valid demand, including payment currency and method
7. Expiry and Release: Conditions for expiry of the guarantee and release of the guarantor from obligations
8. Assignment and Transfer: Provisions regarding whether and how the guarantee can be assigned or transferred
9. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
10. Notices: Communication requirements and contact details for all parties
1. Reduction Clause: Optional section specifying if and how the guarantee amount may be reduced over time - included when the guarantee amount is designed to decrease according to specific milestones
2. Counter-Indemnity: Used when there's a separate counter-indemnity agreement with the Principal - references the Principal's obligation to indemnify the Guarantor
3. Multiple Beneficiaries: Required when there is more than one beneficiary - specifies how multiple beneficiaries can make demands and receive payments
4. Electronic Presentation: Include when parties agree to accept electronic demands and communications - specifies the procedures and requirements for electronic presentations
5. Special Conditions: Used when there are specific conditions or requirements unique to the transaction that don't fit in other sections
6. Language Clause: Required when the guarantee might be translated - specifies which language version prevails
1. Form of Demand: Template for making a valid demand under the guarantee
2. Authorized Signatories: List of persons authorized to make demands on behalf of the Beneficiary
3. Form of Reduction Certificate: Template for documenting agreed reductions in the guarantee amount (if applicable)
4. Underlying Contract Reference: Key details or extract from the underlying contract that the guarantee supports
Authors
Banking Day
Beneficiary
Business Day
Complying Presentation
Counter-Guarantee
Demand
Expiry Date
Guaranteed Amount
Guarantor
Maximum Liability Amount
Non-Complying Presentation
Notices
Obligations
Original Guarantee
Payment Currency
Permitted Transfer
Presentation
Principal
Principal Obligations
Reduction Amount
Reduction Date
Related Rights
Security Period
Specified Currency
Supporting Documents
Underlying Contract
Underlying Transaction
Valid Demand
Recitals
Definitions
Guarantee Obligation
Maximum Amount
Term and Duration
Demand Requirements
Payment Terms
Reduction Provisions
Documentary Requirements
Electronic Presentations
Multiple Beneficiaries
Transfer and Assignment
Expiry Conditions
Release and Discharge
Force Majeure
Counter-Indemnity
Set-Off Rights
Bank's Rights and Obligations
Representations and Warranties
Communications
Notices
Amendments
Severability
Waiver
Currency Provisions
Anti-Money Laundering
Sanctions Compliance
Governing Law
Jurisdiction
Language
Banking and Financial Services
International Trade
Construction and Infrastructure
Manufacturing
Energy and Utilities
Telecommunications
Real Estate
Maritime and Shipping
Defense and Aerospace
Public Sector and Government
Legal
Finance
Treasury
Trade Finance
Risk Management
Compliance
Commercial
Credit
Project Finance
International Business
Corporate Banking
Operations
Chief Financial Officer
Treasury Manager
Trade Finance Manager
Legal Counsel
Commercial Director
Risk Manager
Compliance Officer
Project Finance Manager
Contract Manager
Banking Relationship Manager
Credit Risk Officer
International Trade Manager
Corporate Finance Director
Business Development Manager
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