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1. Parties: Identification of the Bank (Guarantor), the Applicant (Principal), and the Beneficiary
2. Background: Context of the guarantee, including the underlying transaction or relationship necessitating the guarantee
3. Definitions: Key terms used throughout the guarantee document
4. Guarantee Amount: The maximum amount for which the bank is liable under the guarantee
5. Nature of Guarantee: Specification that this is an open-ended, unconditional, and irrevocable guarantee
6. Scope of Guarantee: Detailed description of the obligations being guaranteed
7. Demand Requirements: Process and requirements for making a valid demand under the guarantee
8. Payment Terms: Timeframe and method for payment upon receipt of a valid demand
9. Bank's Rights and Obligations: Detailed outline of the bank's responsibilities and rights under the guarantee
10. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction for disputes
11. Notices: Communication procedures and contact details for all parties
1. Counter-Indemnity: Terms of the counter-indemnity provided by the applicant to the bank - included when the bank requires specific indemnification
2. Security Provisions: Details of any security provided to the bank - included when collateral is required
3. Multiple Beneficiaries: Provisions for handling multiple beneficiaries - included when there is more than one beneficiary
4. Assignment and Transfer: Provisions regarding the transferability of the guarantee - included when transfer rights are to be granted
5. Currency Provisions: Specific provisions for handling foreign currency - included for cross-border guarantees
6. Force Majeure: Provisions for handling extraordinary events - included when specific risk allocation is required
7. Anti-Money Laundering Compliance: Specific compliance requirements - included for high-value or international guarantees
8. Step-In Rights: Provisions allowing the bank to step into the underlying transaction - included in complex commercial guarantees
1. Schedule 1 - Form of Demand: Standard form for making a demand under the guarantee
2. Schedule 2 - Form of Counter-Indemnity: Standard form of counter-indemnity to be provided by the applicant
3. Schedule 3 - Security Documents: List and copies of security documents provided to the bank
4. Schedule 4 - Fee Schedule: Details of bank fees and charges related to the guarantee
5. Schedule 5 - Authorized Signatories: List of persons authorized to make demands or give notices under the guarantee
6. Appendix A - Underlying Agreement: Copy or summary of the underlying agreement being guaranteed
7. Appendix B - Compliance Documents: Required regulatory and compliance documentation
Authorized Representative
Bank
Beneficiary
Business Day
Counter-Indemnity
Demand
Effective Date
Event of Default
Guarantee Amount
Guarantee Obligations
Guaranteed Liabilities
Insolvency Event
Maximum Liability
Notice
Obligor
Payment Date
Principal
Principal Agreement
Principal Debt
Related Parties
Security
Security Documents
Signature Date
Specified Currency
Underlying Agreement
Valid Claim
Valid Demand
FICA
Financial Intelligence Centre Act
Banks Act
Financial Sector Regulation Act
Sanctioned Entity
Permitted Transfer
Material Adverse Change
Governing Law
Jurisdiction
Force Majeure Event
Dispute
Claim
Affiliate
Liability
Losses
Outstanding Amount
Payment Instructions
Regulatory Requirements
Payment Terms
Demand Procedures
Counter-Indemnity
Security
Representations and Warranties
Compliance Requirements
Anti-Money Laundering
Sanctions Compliance
Default Events
Enforcement
Assignment and Transfer
Notices
Confidentiality
Force Majeure
Dispute Resolution
Governing Law and Jurisdiction
Amendments
Severability
Entire Agreement
Waiver
Costs and Expenses
Currency Provisions
Tax Provisions
Information Requirements
Record Keeping
Step-In Rights
Termination
Set-Off Rights
Third Party Rights
Electronic Communications
Authority and Capacity
Regulatory Compliance
Indemnification
Liability Limitations
Banking and Financial Services
Construction and Infrastructure
International Trade
Real Estate Development
Mining and Resources
Manufacturing
Government and Public Sector
Energy and Utilities
Telecommunications
Retail and Commercial Development
Legal
Finance
Treasury
Risk Management
Compliance
Commercial
Credit
Corporate Finance
Project Management
Operations
Chief Financial Officer
Financial Director
Legal Counsel
Contract Manager
Risk Manager
Treasury Manager
Commercial Director
Project Finance Manager
Compliance Officer
Bank Relationship Manager
Credit Risk Officer
Corporate Finance Manager
Project Director
Senior Legal Advisor
Finance Manager
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