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Bank Counter Guarantee
1. Parties: Identification of the bank issuing the counter-guarantee, the beneficiary bank, and the principal
2. Background: Context of the counter-guarantee, including reference to the underlying primary guarantee and the original transaction
3. Definitions: Key terms used throughout the document, including banking and guarantee-specific terminology
4. Counter-Guarantee Amount: Specification of the maximum amount of the counter-guarantee and currency
5. Scope of Counter-Guarantee: Detailed description of the bank's obligations under the counter-guarantee
6. Conditions for Payment: Specific conditions that must be met for the counter-guarantee to be called upon
7. Form of Demand: Required format and content of any demand made under the counter-guarantee
8. Payment Terms: Timeframe and mechanism for payment upon valid demand
9. Expiry and Release: Terms regarding the duration of the counter-guarantee and conditions for release
10. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
1. Reduction Provisions: Used when the counter-guarantee amount may be reduced over time under specific conditions
2. Assignment Restrictions: Include when there are specific restrictions on the transfer or assignment of rights under the counter-guarantee
3. Force Majeure: Added when specific force majeure provisions are required beyond standard law
4. Anti-Money Laundering Compliance: Include for cross-border transactions or when dealing with high-risk jurisdictions
5. Bank Charges and Fees: Added when there are specific arrangements for fees between the banks
6. Communications: Include when specific forms of communication need to be prescribed between parties
7. SWIFT Requirements: Added for international counter-guarantees using SWIFT system
1. Form of Demand: Template for making a valid demand under the counter-guarantee
2. Copy of Primary Guarantee: The underlying guarantee that is being counter-guaranteed
3. Fee Schedule: Details of any fees, charges, and commission arrangements between the banks
4. Authorized Signatories: List of persons authorized to make demands or communications under the counter-guarantee
5. SWIFT Codes and Banking Details: Technical banking information for all parties involved
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