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Unlimited Bank Guarantee
"I need an Unlimited Bank Guarantee under Austrian law for a major infrastructure project in Vienna, where our company (Austrian Construction GmbH) is the principal, with the City of Vienna as beneficiary, to be issued by Erste Bank starting March 2025."
1. Parties: Identification of the Bank (Guarantor), the Principal (party requesting the guarantee), and the Beneficiary
2. Background: Brief description of the underlying transaction or relationship necessitating the guarantee
3. Definitions: Key terms used in the guarantee, including 'Guaranteed Obligations', 'Demand Notice', and other relevant definitions
4. Guarantee: Core guarantee commitment, including the unlimited nature of the guarantee and the bank's primary obligation
5. Payment Provisions: Conditions for payment, timing, and process for making demands under the guarantee
6. Form of Demand: Requirements for making a valid demand under the guarantee, including necessary documentation
7. Term and Validity: Duration of the guarantee and any conditions affecting its validity
8. Independent Obligation: Confirmation that the guarantee is independent from the underlying relationship between Principal and Beneficiary
9. Governing Law and Jurisdiction: Specification of Austrian law as governing law and designation of competent courts
10. Notices: Communication procedures and contact details for all parties
1. Transfer and Assignment: Include when the guarantee needs to be transferable or when assignment rights need to be specifically addressed
2. Multiple Beneficiaries: Include when there is more than one beneficiary to specify their rights and relationships
3. Reduction Provisions: Include when the guarantee amount may be reduced under specific circumstances (while maintaining its unlimited nature for active obligations)
4. Foreign Law Interface: Include when the underlying transaction involves foreign law elements
5. Tax Provisions: Include when specific tax considerations need to be addressed, particularly for cross-border guarantees
6. Electronic Demands: Include when electronic submission of demands will be permitted
1. Form of Demand Notice: Template for making a valid demand under the guarantee
2. Authorized Signatories: List of persons authorized to make demands under the guarantee
3. Underlying Agreement Reference: Key details of the underlying agreement or relationship being guaranteed (without incorporating its terms)
Authors
Banking and Financial Services
Construction and Real Estate
International Trade
Manufacturing
Energy and Utilities
Infrastructure Development
Telecommunications
Retail and Wholesale
Transportation and Logistics
Professional Services
Legal
Finance
Treasury
Risk Management
Compliance
Commercial Operations
Project Management
Credit
Trade Finance
Corporate Secretariat
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Banking Relationship Manager
Risk Manager
Commercial Director
Project Finance Manager
Contracts Manager
Credit Risk Officer
Trade Finance Manager
Company Secretary
Compliance Officer
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