附件三:备用信用证
文本
TO: ( ) (THE “LENDER”)
FROM: INDUSTRIAL AND COMMERCIAL BANK OF CHINA LIMITED, ( ) BRANCH
AT THE REQUEST OF ( ) (THE “APPLICANT”) WHICH HAS ITS REGISTERED ADDRESS AT ( ), WE, INDUSTRIAL AND COMMERCIAL BANK OF CHINA LIMITED, ( ) BRANCH, WITH OUR OFFICE AT ( ), HEREBY ISSUE IN YOUR FAVOUR THIS IRREVOCABLE STAND-BY LETTER OF CREDIT NO. ( ) AMOUNTING TO USD ( THE MAXIMUM AMOUNT ) (SAY UNITED STATES DOLLARS XXXX ONLY). THIS STAND-BY LETTER OF CREDIT IS TO SECURE THE OBLIGATIONS (INCLUDING BUT NOT LIMITED TO ANY INTEREST, COST, EXPENSES AND ANY OTHER SUMS), FROM TIME TO TIME, DUE AND PAYABLE TO YOU BY ( ) (THE “BORROWER”) , WHICH HAS ITS REGISTERED ADDRESS AT ( ) , UNDER THE FACILITY AGREEMENT (THE “FACILITY AGREEMENT”) WITH REFERENCE NO. ( ) DATED ( ) AMOUNTING TO USD ( ) (SAY:UNITED STATES DOLLARS XXXX ONLY) FOR THE PURPOSE OF ( ).
UPON OUR RECEIPT OF YOUR DEMAND BY AUTHENTICATED SWIFT AT OUR COUNTER NOT LATER THAN THE EXPIRY OF THIS STAND-BY LETTER OF CREDIT, STATING THAT THE BORROWER HAS FAILED TO FULFILL ITS PAYMENT OR REPAYMENT OBLIGATIONS UNDER THE FACILITY AGREEMENT AND THE AMOUNT DRAWN BY YOU REPRESENTS THE UNPAID BALANCE OF INDEBTEDNESS DUE TO YOU BY THE BORROWER, WE SHALL WITHIN ( ) BANKING DAYS PAY YOU THE AMOUNT SPECIFIED IN EACH OF YOUR DEMANDS PROVIDED THAT THE AGGREGATE AMOUNT DRAWN UNDER THIS STAND-BY LETTER OF CREDIT SHALL NOT EXCEED THE MAXIMUM AMOUNT AFORESAID.
EXCEPT AS EXPRESSLY STATED HEREIN, THIS STAND-BY LETTER OF CREDIT IS NOT SUBJECT TO ANY AGREEMENT, CONDITION OR QUALIFICATION. OUR OBLIGATIONS UNDER THIS LETTER OF CREDIT SHALL BE THE INDIVIDUAL OBLIGATIONS.
ANY AMENDMENT OR MODIFICATION OF CONTENTS, OR, EXTENSION OR RENEWAL WITH RESPECT TO THE FACILITY AGREEMENT AFORESAID COULD ONLY BE MADE WITH OUR PRIOR WRITTEN CONSENT.
THIS STAND-BY LETTER OF CREDIT SHALL COME INTO EFFECT ON ( ) ( DATE/MONTH/YEAR ) AND ITS AMOUNT SHALL BE REDUCED CORRESPONDINGLY AS AND WHEN PAYMENTS THEREOF ARE MADE BY THE BORROWER PURSUANT TO THE FACILITY AGREEMENT OR BY US. THIS STAND-BY LETTER OF CREDIT SHALL EXPIRE AT OUR COUNTER ON THE EARLIER OF (I) ( )( DATE/MONTH/YEAR ), (II)THE TIME WHEN THE SECURED SUMS UNDER THE FACILITY AGREEMENT AS ABOVE MENTIONED HAVE BEEN PAID IN FULL BY THE BORROWER, (III) THE TIME WHEN THERE IS NO AMOUNT REMAINING PAYABLE UNDER THIS STAND-BY LETTER OF CREDIT. UPON EXPIRY, THIS STAND-BY LETTER OF CREDIT SHALL AUTOMATICALLY BECOME NULL AND VOID WHETHER OR NOT IT IS RETURNED TO US FOR CANCELLATION.
ALL NOTICES AND COMMUNICATIONS TO US SHALL BE SENT TO ( ) (SWIFT CODE) BY AUTHENTICATED SWIFT.
ALL DEMANDS HEREUNDER MUST BE MARKED ''DRAWN UNDER INDUSTRIAL AND COMMERCIAL BANK OF CHINA LIMITED, ( ) BRANCH, STAND-BY LETTER OF CREDIT NO.( ) DATED ( )''. PARTIAL DRAWINGS AND MULTIPLE DRAWINGS ARE ALLOWED.
WE ENGAGE WITH YOU THAT ANY DEMAND UNDER AND IN COMPLIANCE WITH TERMS AND CONDITIONS OF THIS STAND-BY LETTER OF CREDIT SHALL BE DULY HONORED ON DUE PRESENTATION TO US.
THIS STAND-BY LETTER OF CREDIT IS NOT TRANSFERABLE OR ASSIGNABLE AND IS SUBJECT TO UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600.1
INDUSTRIAL AND COMMERCIAL BANK OF CHINA LIMITED, ( ) BRANCH