反担保保函版本

反担保保函版本 MT760 TO: BKCHCNBJ 27: 20 *** 23 REQUEST 30 *** 40C NONE 77C DETAILS OF GUARANTEE COUTER-GUARANTEE NO.:*** ISSUING DATE:*** SUBJECT: ** GUARANTEE TO: (THE ‘GUARANTOR’) WE ,THE BANK OF EAST ASIA (CHINA) LIMITED BEIJING BRANCH, LOCATE AT UNIT 5 1ST FLOOR AND 27TH FLOOR,TOWER 1,PROSPER CENTER,NO.5 GUANGHUA ROAD,CHAOYANG DISTRICT,BEIJING,CHINA 100020,AS COUNTER-GUARANTOR HEREWITH ESTABLISH OUR IRREVOCABLE COUNTER-GUARANTEE IN YOUR FAVOR IN CONNECTION WITH THE ISSUANCE OF YOUR *** GUARANTEE (NO…, THE '*** GUARANTEE') IN FAVOUR OF ***(THE ‘BENEFICIARY’). WE HEREWITH IRREVOCABLY AND UNCONDITIONALLY UNDERTAKE TO PAY THE GUARANTOR TO THE EXTENT OF **** (THE ‘MAXIMUM AMOUNT’) WITHIN FIVE BANKING DAYS UPON RECEIPT OF GUARANTOR'S FIRST WRITTEN DEMAND FOR PAYMENT BY AUTHENTICATED SWIFT CERTIFYING THAT: . QUOTE . WE HEREBY DEMAND PAYMENT OF USD… (NOT EXCEEDING IN TOTAL A MAXIMUM OF ***) UNDER THE BANK OF EAST ASIA (CHINA) LIMITED BEIJING BRANCH COUNTER-GUARANTEE NUMBER *** SUCH AMOUNT REPRESENTS THE AMOUNT WE WERE CALLED UPON TO PAY UNDER OUR QUALITY GUARANTEE (NO…, THE 'QUALITY GUARANTEE') ISSUED IN FAVOR OF BENEFICIARY BY ORDER OF *** (THE ‘APPLICANT’) RELATING TO CONTRACT ***(THE 'CONTRACT'). WE ALSO CERTIFY THAT ANY DOCUMENTS REQUIRED UNDER OUR GUARANTEE WERE IN COMPLIANCE. UNQUOTE SUCH AMOUNT AS REQUIRED BY THE BENEFICIARY, BUT NOT EXCEEDING THE MAXIMUM AMOUNT, SHALL BE PAID TO AN ACCOUNT UNDER THE BENEFICIARY'S NAME IN THE MANNER SPECIFIED IN THE DEMAND. THIS COUNTER-GUARANTEE SHALL COME INTO EFFECT ON THE ISSUING DATE AND SHALL REMAIN IN FULL FORCE AND EFFECTIVE UNTIL 17:00 (BEIJING TIME) ON *** (THE 'EXPIRY DATE'). ANY DEMAND FOR PAYMENT MUST BE RECEIVED BY THE BANK OF EAST ASIA (CHINA) LIMITED BEIJING BRANCH ATTENTION TRADE SERVICE DEPARTMENT ON OR BEFORE 17:00 (BEIJING TIME) ON THE EXPIRY DATE. SHOULD NO DEMAND FOR PAYMENT BE RECEIVED PRIOR TO 17:00 (BEIJING TIME) ON THE EXPIRY DATE, ANY OBLIGATIONS OR LIABILITIES UNDER THE COUNTER-GUARANTEE SHALL BE FULLY AND AUTOMATICALLY DISCHARGED OR RELEASED. THIS COUNTER-GUARANTEE WILL BECOME NULL AND VOID ON THE EXPIRY DATE NO MATTER WHETHER THE COUNTER-GUARANTEE IS RETURNED TO US. THIS COUNTER-GUARANTEE IS NEITHER TRANSFERABLE NOR ASSIGNABLE. WE WILL BE EXEMPT FROM ALL OBLIGATIONS AND LIABILITIES UNDER THIS COUNTER-GUARANTEE IN ANY ONE OF THE FOLLOWING CIRCUMSTANCES: 1.THE EXPIRY DATE OF THE COUNTER-GUARANTEE HAS PASSED. 2.BANK OF CHINA LTD. CANCELS THE COUNTER-GUARANTEE BY AUTHENTICATED SWIFT. THIS COUNTER-GUARANTEE IS AN INDEPENDENT GUARANTEE AND IS A SEPARATE TRANSACTION FROM THE CONTRACT AND THE QUALITY GUARANTEE.THE VALIDITY OF THIS COUNTER-GUARANTEE AND OUR OBLIGATIONS OR LIABILITIES THEREUNDER ARE IN NO WAY CONCERNED WITH OR BOUND BY THE CONTRACT AND THE QUALITY GUARANTEE, DESPITE THE INCLUSION OF A REFERENCE TO THE CONTRACT AND THE QUALITY GUARANTEE IN THIS COUNTER-GUARANTEE. THIS COUNTER-GUARANTEE IS SUBJECT TO ICC UNIFORM RULES FOR DEMAND GUARANTEES ('URDG758'). ANY DISPUTES IN RELATION TO THIS COUNTER-GUARANTEE SHALL BE SETTLED EXCLUSIVELY BY THE COMPETENT COURT OF BEIJING, PEOPLE'S REPUBLIC OF CHINA. ALL CORRESPONDENCE AND ANY DRAWINGS PRESENTED IN CONNECTION WITH THIS COUNTER-GUARANTEE MUST ONLY BE PRESENTED TO US AT THE BANK OF EAST ASIA (CHINA) LIMETED BEIJING BRANCH UNIT 5 1ST FLOOR AND 27TH FLOOR,TOWER 1,PROSPER CENTER,NO.5 GUANGHUA ROAD,CHAOYANG DISTRICT,BEIJING,CHINA 100020,ATTENTION: TRADE SERVICE DEPARTMENT. . WE HEREBY ENGAGE WITH THE BANK OF CHINA LTD. THAT ALL DRAWINGS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS COUNTER-GUARANTEE WILL BE DULY HONORED BY US. . THANK YOU IN ADVANCE FOR YOUR COOPERATION. TO EXPEDITE PAYMENT OF YOUR CHARGES IN CONNECTION WITH OUR COUNTER-GUARANTEE NO.*** THE FOLLOWING INFORMATION IS REQUIRED: COMMISSION AND CHARGES, FLAT FEE (IF ANY), RATE OF YOUR COMMISSION, THE EXACT PERIOD COVERED BY COMMISSION: I.E. FROM…TO… EXCHANGE RATE FOR CHARGES CONVERTED TO U.S. DOLLARS (IF ANY), SWIFT CHARGES, DESCRIPTION ANY AMOUNT OF ALL OTHER CHARGES (IF ANY). . IN CONSIDERATION OF THIS COUNTER-GUARANTEE IN YOUR FAVOR AND AT THE REQUEST OF THE ABOVE MENTIONED APPLICANT. PLEASE ISSUE YOUR QUALITY GUARANTEE AS FOLLOWS: QUOTE GUARANTEE NO.: … ISSUING DATE:… SUBJECT:*** GUARANTEE TO:*** (BENEFICIARY) See attachment UNQUOTE We, the applicant, agree with the above counter-guarantee issued by the counter-guarantor in accordance with the bank guarantee agreement /bank guarantee application (agreement )(no.: )between our company and the counter-guarantor, we, the applicant, agree to take responsibility for the counter-guarantee in accordance with the above counter-guarantee issued by the counter-guarantor. Signature: Date: Please issue this counter-guarantee to (bank swift code) -