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Non Financial Guarantee
"I need a Non-Financial Guarantee document under Austrian law where our parent company guarantees the completion of a solar power plant construction project by our subsidiary, with a completion deadline of June 2025 and including step-in rights for the guarantor."
1. Parties: Identification of the Guarantor, Beneficiary, and Principal Debtor
2. Background: Context of the guarantee, reference to the underlying obligation or relationship
3. Definitions: Key terms used throughout the guarantee document
4. Guarantee: Core guarantee provisions, scope, and nature (independent guarantee vs. surety)
5. Maximum Liability: Clear statement of the maximum amount covered by the guarantee
6. Duration and Validity: Term of the guarantee, expiry conditions, and any extension provisions
7. Demand Requirements: Process and formal requirements for making a valid demand under the guarantee
8. Payment Terms: Timeline and mechanics for payment upon valid demand
9. Representations and Warranties: Guarantor's confirmations regarding capacity and authority
10. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
11. Notices: Communication procedures between parties
12. Execution: Signature blocks and execution requirements
1. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability
2. Step-in Rights: Optional provisions allowing the guarantor to step into the principal debtor's position
3. Counter-indemnity: Include when the guarantor requires indemnification from the principal debtor
4. Assignment and Transfer: Include if parties want to allow/restrict transfer of guarantee rights
5. Tax Gross-up: Include if payments might be subject to withholding tax
6. Currency Provisions: Required if guarantee amount is in foreign currency or multiple currencies
7. Electronic Execution: Include if guarantee may be executed electronically
8. Consumer Protection Provisions: Required if guarantor is a consumer under Austrian law
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Obligation: Summary or copy of the principal obligation being guaranteed
3. Corporate Authorizations: Copies of relevant corporate approvals and authorizations
4. Specimen Signatures: Authorized signatures for making/accepting demands
5. Contact Details: Detailed contact information for all parties
Authors
Construction
Manufacturing
Engineering
Infrastructure
Energy
Real Estate
Technology
Telecommunications
Transportation
Industrial Services
Project Development
Legal
Compliance
Risk Management
Operations
Commercial
Finance
Project Management
Business Development
Corporate Secretariat
Legal Counsel
Contract Manager
Project Manager
Risk Manager
Commercial Director
Chief Legal Officer
Compliance Officer
Business Development Manager
Operations Director
Finance Director
General Counsel
Company Secretary
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