Backup Letter of Credit definition
Examples of Backup Letter of Credit in a sentence
Unless otherwise expressly agreed by an Issuing Bank and the Borrower upon issuing an L/C Credit Extension, (i) the rules of the ISP shall apply to each Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance, shall apply to each Trade Letter of Credit or Backup Letter of Credit in support of a trade letter of credit issued by the Borrower.
On the Closing Date, Seller shall assign its rights under all reimbursement agreements and related documents (including, but not limited to, any collateral documents) with respect to the Letters of Credit (collectively, the “Reimbursement Obligations”) to Purchaser such that Purchaser will be entitled to obtain reimbursement from customers upon any draw on a Backup Letter of Credit to the same extent that Seller is entitled to obtain such reimbursement upon any draw on a Letter of Credit.
In the event that any amounts are repaid to Seller by the obligor under any applicable Letter of Credit in respect of amounts remitted to Seller by Purchaser in payment of Seller's draw on the applicable Backup Letter of Credit, Seller shall promptly remit such amounts to Purchaser.
In the event that any amounts are repaid to Seller by the obligor under any applicable Letter of Credit in respect of amounts remitted to Seller by Purchaser in payment of Seller’s draw on the applicable Backup Letter of Credit, Seller shall promptly remit such amounts to Purchaser.
Each Backup Letter of Credit shall be in form and substance and from a bank acceptable to Issuer, and shall otherwise meet the requirements established by Issuer in the credit facility or other similar arrangement between Issuer and the Company, including any requirement that such Backup Letter of Credit be replaced prior to its expiration.
The Backup Letter of Credit shall constitute an asset of the Trust Fund.
The Trustee shall not be responsible for reimbursing the amount of any draw on the Backup Letter of Credit or paying any fees or charges related to the Backup Letter of Credit.
In the event Highstar elects to replace a Backup Guarantee with a Backup Letter of Credit, in no event shall Highstar be required to obtain such replacement Backup Letter of Credit from a bank with a rating higher than the rating of any bank that issued a Backup Letter of Credit on behalf of any other Member.
The Trustee shall not be responsible for the legality or validity of this Amendment or the Backup Letter of Credit.
The Trustee shall hold and maintain the Backup Letter of Credit and any amendments, replacements or supplements thereto as Trustee in trust upon and subject to the conditions set forth herein and in the Pooling Agreement for the benefit of the Certificateholders.