The Bank Counter Guarantee serves as a critical financial instrument in complex business transactions where multiple layers of security are required. It is commonly used in international trade, large-scale projects, and cross-border transactions where the original guarantor bank seeks additional security from another financial institution. Under U.S. banking regulations, the Bank Counter Guarantee must comply with federal and state banking laws, UCC provisions, and anti-money laundering regulations. This document outlines the specific conditions under which the counter-guarantee can be called, payment obligations, and the relationship between all involved parties.
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1. Parties: Identification of the counter-guarantor bank, principal bank, and beneficiary
2. Background: Context of the original guarantee and reason for counter-guarantee
3. Definitions: Key terms used throughout the counter-guarantee
4. Guarantee Amount: Specific amount of the counter-guarantee
5. Terms and Conditions: Conditions for calling the guarantee and payment obligations
6. Expiry: Duration and termination conditions of the counter-guarantee
1. Governing Law and Jurisdiction: Specific jurisdiction and applicable law - used when parties are in different jurisdictions
2. Force Majeure: Circumstances beyond control affecting performance - used when additional protection against unforeseen events is needed
3. Language: Official language of the counter-guarantee - used when parties are from different countries
1. Original Guarantee Details: Copy or details of the original guarantee being counter-guaranteed
2. Payment Instructions: Detailed banking information for payments
3. Required Documentation: List of documents required for guarantee activation
4. Form of Demand: Standard format for making claims under the counter-guarantee
Relevant legal definitions
Counter-Guarantee
Principal Bank
Counter-Guarantor Bank
Original Guarantee
Principal
Beneficiary
Original Beneficiary
Guaranteed Amount
Effective Date
Expiry Date
Demand
Business Day
Banking Day
Guarantee Period
Payment Currency
Force Majeure Event
Governing Law
Maximum Liability
Supporting Documents
Claim Notice
Default Event
Payment Instructions
Authorized Representative
Guarantee Fee
Material Adverse Change
Security Interest
Presentation
Complying Presentation
Available Amount
Outstanding Amount
Principal Bank
Counter-Guarantor Bank
Original Guarantee
Principal
Beneficiary
Original Beneficiary
Guaranteed Amount
Effective Date
Expiry Date
Demand
Business Day
Banking Day
Guarantee Period
Payment Currency
Force Majeure Event
Governing Law
Maximum Liability
Supporting Documents
Claim Notice
Default Event
Payment Instructions
Authorized Representative
Guarantee Fee
Material Adverse Change
Security Interest
Presentation
Complying Presentation
Available Amount
Outstanding Amount
Clauses
Counter-Guarantee Amount
Duration and Validity
Payment Terms
Conditions Precedent
Demand Requirements
Documentation Requirements
Payment Mechanics
Reimbursement Obligations
Fees and Charges
Representations and Warranties
Events of Default
Force Majeure
Assignment and Transfer
Notices
Amendments
Governing Law
Jurisdiction
Dispute Resolution
Indemnification
Confidentiality
Severability
Entire Agreement
Termination
Waiver
Counterparts
Language
Time Limits
Currency Provisions
Tax Provisions
Anti-Money Laundering Compliance
Duration and Validity
Payment Terms
Conditions Precedent
Demand Requirements
Documentation Requirements
Payment Mechanics
Reimbursement Obligations
Fees and Charges
Representations and Warranties
Events of Default
Force Majeure
Assignment and Transfer
Notices
Amendments
Governing Law
Jurisdiction
Dispute Resolution
Indemnification
Confidentiality
Severability
Entire Agreement
Termination
Waiver
Counterparts
Language
Time Limits
Currency Provisions
Tax Provisions
Anti-Money Laundering Compliance
Relevant Industries
Banking and Financial Services
International Trade
Construction
Manufacturing
Relevant Teams
Treasury
Finance
Legal
Risk Management
International Trade
Relevant Roles
Chief Financial Officer
Treasury Manager
Trade Finance Manager
Risk Manager
Banking Relationship Manager
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