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Irrevocable And Unconditional Bank Guarantee
"I need an Irrevocable and Unconditional Bank Guarantee under Swiss law for a construction project, with a guaranteed amount of 5 million CHF, valid until March 15, 2025, where UBS will be the guarantor bank and Alpine Construction AG will be the beneficiary."
1. Parties: Identification of the Guarantor Bank, the Beneficiary, and the Principal (the party requesting the guarantee)
2. Background: Context of the underlying transaction or obligation for which the guarantee is being issued
3. Definitions: Key terms used in the guarantee, including 'Guaranteed Amount', 'Expiry Date', and 'Demand Notice'
4. Guarantee Amount and Currency: Clear specification of the maximum amount and currency of the guarantee
5. Unconditional Nature: Express declaration of the irrevocable and unconditional nature of the guarantee
6. Demand and Payment Provisions: Procedure for making demands under the guarantee and timeline for payment
7. Duration and Expiry: Validity period of the guarantee and conditions for expiry
8. Form of Demand: Required format and content of any demand under the guarantee
9. Reduction Provisions: Mechanisms for reducing the guarantee amount, if applicable
10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Transfer and Assignment: Include when the guarantee needs to be transferable or assignable
2. Counter-Guarantee Provisions: Include when there is a counter-guarantee structure involved
3. Multiple Beneficiaries: Include when there are multiple beneficiaries and their relationships need to be defined
4. Partial Demands: Include when partial demands under the guarantee are to be permitted
5. Force Majeure: Include when specific force majeure provisions are required, particularly for international guarantees
6. Language Provisions: Include when the guarantee might be used internationally and multiple language versions are needed
7. Electronic Presentation: Include when electronic submission of demands is permitted
1. Form of Demand Notice: Template for the prescribed format of demand notices
2. Authentication Procedures: Details of required authentication methods for demands
3. Authorized Signatories: List of authorized signatories and specimen signatures
4. Underlying Contract Reference: Key details or extracts from the underlying contract requiring the guarantee
5. Bank's Standard Terms and Conditions: General terms and conditions of the issuing bank applicable to guarantees
Authors
Banking and Financial Services
International Trade
Construction and Infrastructure
Manufacturing
Energy
Real Estate
Telecommunications
Mining and Resources
Transportation and Logistics
Public Sector and Government Projects
Legal
Finance
Treasury
Trade Finance
Risk Management
Compliance
Commercial Operations
Project Management
Contract Administration
International Banking
Chief Financial Officer
Treasury Manager
Trade Finance Manager
Financial Controller
Legal Counsel
Compliance Officer
Risk Manager
Commercial Director
Project Manager
Contract Manager
Banking Relationship Manager
Credit Risk Officer
Documentary Credits Manager
International Trade Specialist
Corporate Banking Officer
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