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Unlimited Bank Guarantee
"I need an Unlimited Bank Guarantee under Irish law for a large-scale construction project in Dublin, where my company is the main contractor providing the guarantee to a German property developer, with the guarantee to be effective from March 1, 2025."
1. Parties: Identifies the bank issuing the guarantee (Guarantor), the party receiving the benefit of the guarantee (Beneficiary), and the party whose obligations are being guaranteed (Principal Debtor)
2. Background: Sets out the context of the guarantee, including reference to the underlying transaction or relationship being guaranteed
3. Definitions: Defines key terms used throughout the guarantee, including 'Guaranteed Obligations', 'Demand', and other relevant terms
4. Guarantee and Indemnity: Contains the core guarantee provisions, explicitly stating the unlimited nature of the guarantee and the bank's primary obligation to pay
5. Demand Requirements: Specifies the form and content requirements for making a valid demand under the guarantee
6. Payment Terms: Details the timing and method of payment following a valid demand
7. Bank's Rights and Obligations: Sets out the bank's rights, including right of subrogation and any protective provisions
8. Duration and Expiry: Specifies when the guarantee becomes effective and any conditions for its termination
9. Representations and Warranties: Contains standard banking representations regarding authority and capacity to issue the guarantee
10. Governing Law and Jurisdiction: Specifies Irish law as governing law and establishes jurisdiction for disputes
1. Counter-Indemnity: Include when the bank requires a separate counter-indemnity from the Principal Debtor
2. Assignment: Include if the guarantee may be assigned or transferred by either party
3. Tax Gross-Up: Include if payments under the guarantee may be subject to withholding tax
4. Multiple Beneficiaries: Include if there are multiple beneficiaries to address how they may make demands
5. Currency Provisions: Include if payments might be made in multiple currencies
6. Regulatory Compliance: Include specific sections required by applicable banking regulations or compliance requirements
7. Communications: Include detailed notice provisions if complex communication requirements exist
1. Form of Demand: Template for making a valid demand under the guarantee
2. Beneficiary's Bank Account Details: Payment instructions for the beneficiary's designated account
3. Underlying Agreement Reference: Details or extract of the underlying agreement being guaranteed
4. Required Authorizations: List of required internal bank authorizations and signatories
5. Regulatory Notices: Mandatory regulatory notices and disclaimers required under Irish banking law
Authors
Banking and Financial Services
Construction and Infrastructure
International Trade
Real Estate
Manufacturing
Energy and Utilities
Retail and Commerce
Transportation and Logistics
Telecommunications
Professional Services
Legal
Finance
Treasury
Risk Management
Compliance
Commercial
Credit
Trade Finance
Client Relations
Operations
Corporate Banking
Business Development
Chief Financial Officer
Treasury Manager
Risk Manager
Legal Counsel
Commercial Director
Finance Director
Credit Manager
Relationship Manager
Compliance Officer
Business Development Manager
Contract Manager
Company Secretary
Trade Finance Manager
Project Finance Manager
Senior Banking Executive
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