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The Corporate Performance Guarantee is a crucial document in Hong Kong's commercial landscape, typically used in business transactions where one company needs to guarantee the performance or obligations of another entity. This document is particularly relevant in project financing, construction contracts, supply agreements, and other commercial arrangements where performance security is required. The guarantee must comply with Hong Kong's legal framework, including the Companies Ordinance (Cap. 622) and relevant banking regulations. It outlines the guaranteed obligations, enforcement mechanisms, and includes necessary corporate authorizations. The document is structured to protect the beneficiary's interests while clearly defining the guarantor's obligations and limitations. Common scenarios for using this guarantee include parent companies guaranteeing subsidiary obligations, corporate group support arrangements, and performance security in major commercial contracts.

1. Parties: Identifies the Guarantor, the Beneficiary, and the Principal Debtor/Obligor

2. Background: Sets out the context of the underlying obligation and the purpose of the guarantee

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Guarantee and Indemnity: Core provisions establishing the guarantee obligations and indemnity

5. Scope of Guarantee: Defines exactly what obligations are covered by the guarantee

6. Nature of Guarantee: Establishes that the guarantee is continuing, unconditional and irrevocable

7. Preservation of Rights: Maintains the beneficiary's rights in various circumstances

8. Representations and Warranties: Guarantor's confirmations about its capacity and authority

9. Payment Mechanics: Specifies how and when payments must be made under the guarantee

10. Costs and Expenses: Allocation of costs related to the guarantee

11. Notices: Communication procedures between parties

12. Assignment and Transfer: Rules regarding transfer of rights under the guarantee

13. Governing Law and Jurisdiction: Specifies Hong Kong law and jurisdiction

14. Execution: Signature blocks and execution formalities