Issuing Bank:DEUTSCHE, BARCLAYS, BARCLAYS CREDIT SUISSE OR OTHER S&P RATED AAA WEBUSD 1B, WITH POSSIBLE ROLLS AND EXTENSIONS APPENDIX BDRAFT SWIFT OF PRE-ADVICE VIA MT799(SPECIMEN COPY – FINAL VERBIAGE AS PER ISSUING BANK STANDARD FORMAT)TO: FROM: ATTN: PLEASE ADVISE YOUR CLIENT: RE: TRANSACTION CODE: WE, XXXXXXXXX BANK HEREBY CONFIRM WITH FULL BANKING RESPONSIBILITY THAT WE ARE READY TO ISSUE AND DELIVER ONE (1) BANK GUARANTEE OF OUR CLIENT, ____________________ IN THE FACE AMOUNT OF _____ HUNDRED MILLION EUROS ONLY (€__00,000,000.00) IN FAVOR OF ___________________, ACCOUNT NUMBER: __________________.THIS SWIFT MESSAGE IS VERIFIABLE ON NORMAL BANK-TO-BANK BASIS WITH FULL BANKING RESPONSIBILITY.THERE WILL BE NO LIENS AND ENCUMBRANCES ON THIS INSTRUMENT WHICH SHALL BE DELIVERED AND AVAILED VIA MT760 AND EXACT BANK GUARANTEE AS PER FOLLOWING TEXT BELOW INSTRUCTION.BG NUMBER : PLACE OF ISSUE : DATE OF ISSUE : MATURITY DATE : CUSIP NO : ISIN NO : CURRENCY : FACE AMOUNT : BENEFICIARY NAME : FOR VALUE RECEIVED, WE, ----- {NAME OF ISSUING BANK} -----, AT --------- {FULL BANK ADDRESS}-----------, HEREBY ISSUE OUR IRREVOCABLE, UN-CONDITIONAL AND NEGOTIABLE BANK GUARANTEE NO : --------- IN FAVOUR OF ________________ (BENEFICIARY) FOR THE AMOUNT OF ____ HUNDRED MILLION EUROS (€__00,000,000.00), VALID FOR ONE (1) YEAR AND ONE (1) DAYS AND DUE FOR PAYMENT AT MATURITY ON __________ {1 YEAR + 1 DAY MATURITY DATE FROM ISSUING DATE} _____________WE HEREBY IRREVOCABLY AND UNCONDITIONALLY UNDERTAKE TO PAY IN FULL AGAINST THIS BANK GUARANTEE AT MATURITY DATE, WITHOUT ANY PROTEST, DELAY OR OBJECTION, THE SUM OF _____ HUNDRED MILLION EUROS (€__00,000,000.00) TO THE ORDER OF __________________ THE BENEFICIARY’S THE BEARER OR HOLDER THEREOF AT MATURITY. SUCH PAYMENT SHALL BE MADE FREE AND CLEAR OF ANY DEDUCTIONS CHARGES, FEES OR WITHHOLDING, UPON RECEIVING BENEFICIARY’S FIRST DEMAND VIA BANK WIRE SYSTEM AND SURRENDER OF THIS BANK GUARANTEE NO: -------------- AT THIS BANK AT MATURITY DATE.THIS BANK GUARANTEE IS TRANSFERABLE AND ASSIGNABLE WITHOUT PRESENTATION OF IT TO US AND WITHOUT PAYMENT OF ANY FEES. WE HEREBY ENGAGE WITH YOU THAT THE DEMAND MADE UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS BANK GUARANTEE , SHALL BE DULY HONOURED ON DUE PRESENTATION TO US. THE DEMAND HEREUNDER MUST BE MARKED “DRAWN UNDER BANK GUARANTEE NO: -------- DATED, _________ {GUARANTY ISSUE DATE} THIS BANK GUARANTEE IS CONSTRUED, GOVERNED AND ISSUED IN ACCORDANCE WITH THE RULES, REGULATIONS AND PRACTICES AS SET FORTH BY THE INTERNATIONAL CHAMBER OF COMMERCE {ICC}, PARIS, FRANCE, PUBLICATION 458, LATEST REVISION.THIS SWIFT IS OUR VALID AND OPERATIVE INSTRUMENT. NO MAIL CONFIRMATION WILL FOLLOW. ALL CHARGES ARE FOR THE ACCOUNT OF APPLICANT.FOR AND ON BEHALF: ______________ BANK …..……………………………………..AUTHORISED BANKER {1} NAME, TITLE & PIN CODE …..……………………………………..AUTHORISED BANKER {2} NAME, TITLE & PIN CODEAPPENDIX CDRAFT TEXT OF BANK GUARANTEE VIA MT760(SPECIMEN COPY – FINAL VERBIAGE AS PER ISSUING BANK STANDARD FORMAT)BANK GUARANTEE NO. : ISIN CUSIP CURRENCY CODE : DATE OF ISSUE : DATE OF EXPIRY : APPLICANT : BENEFICIARY : AMOUNT: EURO € 000,000, 000.00 (EURO ______ HUNDRED MILLION ONLY.)WE HEREWITH OPEN OUR BANK GUARANTEE NO.__________ AS FOLLOWS:FOR THE VALUE RECEIVED, WE, THE UNDERSIGNED, [ISSUING BANK], HEREBY ISSUE OUR IRREVOCABLE, UNCONDITIONAL, TRANSFERABLE, DIVISIBLE, AND WITHOUT PROTEST OR NOTIFICATION, PROMISE TO PAY AGAINST THIS BANK GUARANTEE TO THE ORDER OF ___________________ THE BEARER OR HOLDER THEREOF, AT MATURITY, THE SUM OF € 000,000,000.00 (EURO XXX) IN THE LAWFUL CURRENCY OF EUROPEAN UNION, UPON PRESENTATION AND SURRENDER OF THIS BANK GUARANTEE AT ANY OF THE COUNTERS OF ………………….SUCH PAYMENT SHALL BE MADE WITHOUT SET-OFF AND FREE AND CLEAR OF ANY DEDUCTIONS, CHARGES, FEES, OR WITHHOLDING OF ANY NATURE PRESENTLY OR IN THE FUTURE IMPOSED, LEVIED, COLLECTED, WITHHELD OR ASSESSED BY THE GOVERNMENT OF [COUNTRY OF ISSUE] OR ANY POLITICAL SUBDIVISION OR AUTHORITY AND THEREIN AND THEREOF. THIS BANK GUARANTEE IS DIVISIBLE, ASSIGNABLE, TRANSFERABLE AND NEGOTIABLE WITHOUT PRESENTATION OF IT TO US AND WITHOUT THE PAYMENT OF ANY TRANSFER FEE OR CHARGES.THIS BANK GUARANTEE SHALL BE GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF [COUNTRY OF ISSUE]. THIS BANK GUARANTEE IS AN OPERATIVE INSTRUMENT.THIS BANK GUARANTEE IS TRANSFERABLE, ASSIGNABLE AND DIVISIBLE WITHOUT PRESENTATION TO US. THIS BANK GUARANTEE IS GOVERNED BY THE UNIFORM CUSTOMS AND PRACTICE FOR BANK GUARANTEE AS SET FORTH BY THE INTERNATIONAL CHAMBER OF COMMERCE, UNIFORM RULES FOR DEMAND GUARANTEES, (ICC PUBLICATION NO. 458).FOR AND ON BEHALF OF [ISSUING BANK] AND SIGNED BY TWO AUTHORISED OFFICERS WITH BANK SEAL- UNQUOTE - THIS IS AN OPERATIVE INSTRUMENT AND NO MAIL CONFIRMATION WILL FOLLOW.YOURS FAITHFULLY, (SIGNATURE OF TWO BANK OFFICERS) (BANK SEAL) ___________________________ _______________________BANK OFFICER: BANK OFFICER:PRINT NAME/TITLE/PIN PRINT NAME/TITLE/PIN
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