A Loan Against Bank Guarantee is commonly used when businesses or individuals need financing while maintaining existing bank deposits or investments. This document structure, governed by U.S. banking laws, enables borrowers to access funds without liquidating their assets by using a bank guarantee as security. The agreement typically includes detailed provisions about the guarantee's terms, loan conditions, interest rates, repayment schedules, and enforcement mechanisms. It's particularly useful for businesses requiring working capital or project financing while maintaining their existing financial arrangements.
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1. Parties: Identification of lender, borrower, and guarantor bank
2. Background: Context of the loan arrangement and purpose
3. Definitions: Key terms used throughout the agreement including relevant banking and security terms
4. Loan Amount and Purpose: Specifics of the loan amount, drawdown conditions, and intended use
5. Bank Guarantee Details: Terms and conditions of the bank guarantee including form, duration, and enforcement
6. Interest and Repayment Terms: Interest rate, payment schedule, prepayment rights and repayment conditions
7. Security and Enforcement: Details of security arrangement and enforcement rights
8. Representations and Warranties: Standard and specific representations by borrower and guarantor bank
9. Covenants: Ongoing obligations of the borrower and guarantor bank
10. Events of Default: Circumstances constituting default and consequences
11. Governing Law and Jurisdiction: Applicable law and dispute resolution provisions
1. Cross-Border Provisions: Required when bank guarantee is issued by foreign bank or involves international parties
2. Currency Exchange Provisions: Handles currency conversion risks and requirements for multi-currency transactions
3. Step-In Rights: Lender's rights to step in and take control in specific circumstances for higher-risk transactions
4. Tax Provisions: Specific tax-related provisions for cross-border transactions or complex tax structures
1. Schedule 1 - Bank Guarantee Form: Form and content of the bank guarantee document
2. Schedule 2 - Repayment Schedule: Detailed payment amounts and dates
3. Schedule 3 - Security Documents: Additional security documentation if applicable
4. Schedule 4 - Compliance Certificates: Forms of required periodic certificates confirming compliance with loan terms
5. Schedule 5 - Fee Schedule: Breakdown of all applicable fees and charges
6. Schedule 6 - Conditions Precedent: List of documents and conditions required before loan effectiveness
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Construction
International Trade
Infrastructure Development
Real Estate
Relevant Teams
Finance
Treasury
Legal
Risk Management
Commercial Operations
Relevant Roles
Chief Financial Officer
Treasury Manager
Finance Director
Commercial Director
Risk Manager
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