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Financial Performance Guarantee
"I need a Financial Performance Guarantee document for a construction project in Dublin, where Bank of Ireland will guarantee our contractor's performance for €5 million until March 2025, with specific provisions for staged releases as construction milestones are met."
1. Parties: Identification of the Guarantor, the Beneficiary, and the Principal Debtor/Primary Obligor
2. Background: Context of the guarantee, including reference to the primary obligation being guaranteed
3. Definitions: Definitions of key terms used throughout the guarantee
4. Guarantee and Indemnity: Core guarantee obligations and indemnity provisions
5. Scope of Guarantee: Extent and limitations of the guarantee obligations
6. Maximum Liability: Statement of the maximum amount guaranteed
7. Duration: Term of the guarantee and conditions for expiry
8. Demands and Payments: Process for making demands under the guarantee and payment obligations
9. Representations and Warranties: Guarantor's representations and warranties
10. Preservation of Rights: Provisions maintaining the validity of the guarantee
11. Discharge and Release: Conditions for discharge or release of the guarantee
12. Costs and Expenses: Allocation of costs related to the guarantee
13. Notices: Communication requirements and contact details
14. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction
1. Counter-Indemnity: Required when there's a separate counter-indemnity from the Principal Debtor to the Guarantor
2. Security: Include when the guarantee is secured by specific assets
3. Step-In Rights: Required when the Guarantor has the right to take over the underlying obligation
4. Multiple Guarantors: Include when there are multiple guarantors to define joint and several liability
5. Assignment and Transfer: Include when transfer rights are important for the transaction
6. Bank Account Details: Required when specific payment arrangements need to be documented
7. Currency Provisions: Include for cross-border guarantees involving multiple currencies
1. Form of Demand: Template for making valid demands under the guarantee
2. Guaranteed Obligations: Detailed description of the obligations being guaranteed
3. Payment Schedule: If applicable, schedule of any periodic payment obligations
4. Security Details: Details of any security provided (if applicable)
5. Performance Metrics: Specific performance criteria that trigger the guarantee
6. Underlying Agreement Extract: Relevant excerpts from the primary agreement being guaranteed
Authors
Banking and Financial Services
Construction and Infrastructure
Energy and Utilities
Manufacturing
Real Estate Development
Government and Public Sector
International Trade
Technology and Telecommunications
Engineering and Project Development
Mining and Natural Resources
Legal
Finance
Treasury
Risk Management
Compliance
Commercial Operations
Project Management
Credit Control
Business Development
Corporate Banking
Trade Finance
Chief Financial Officer
Treasury Manager
Risk Manager
Legal Counsel
Contract Manager
Project Finance Manager
Commercial Director
Credit Risk Officer
Compliance Officer
Business Development Manager
Project Manager
Finance Director
Company Secretary
Banking Relationship Manager
Operations Director
Find the exact document you need
Financial Performance Guarantee
An Irish law-governed guarantee instrument where a guarantor commits to compensate the beneficiary if a third party fails to meet specified performance obligations.
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An Irish law-governed guarantee where a corporate entity ensures the performance obligations of another entity, providing security and remedies for the beneficiary.
Contract Performance Guarantee
An Irish law-governed guarantee instrument where a guarantor ensures the performance of a principal obligor's contractual obligations to a beneficiary.
Performance Guarantee Bond
An Irish law-governed financial guarantee instrument where a guarantor ensures a principal party's performance obligations through financial compensation.
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