SWIFT INPUT : FIN 760 GUARANTEE / STDBY LETTER CREDIT
SENDER : AINEMY22XXX
RECEIVER : IBBKIDJAXXX
.
15A: NEW SEQUENCE
27: SEQUENCE OF TOTAL
1/1
22A: PURPOSE OF MESSAGE
ISSUE
72Z: SENDER TO RECEIVER INFORMATION
WE AINEMY22XXX RELAY MT760 TO XXXXXXXXXXXX. PLS ADVISE THE BENEFICIARY WITHOUT ANY RISK
AND RESPONSIBILITIES OF THE INTERMEDIARY BANK/S.
.
15B: NEW SEQUENCE
20: UNDERTAKING NUMBER
XXXXXX
30: DATE OF ISSUE
2502DD
22D: FORM OF UNDERTAKING
STBY
40C: APPLICABLE RULES
ISP 98, ICC PUBLICATION NO 590
23B: EXPIRY TYPE
FIXD
31E: DATE OF EXPIRY
YYYYMMDD
50: APPLICANT
OXFORD GROUP CO LTD, BANGKOK
ON BEHALF OF: INDO COAL AND MINERAL PTE. LTD.
(FULL DETAILS IN 77U)
52D: ISSUER
ASIA NEXUS INVESTMENT BANK LTD
LEVEL 7(E), MAIN OFFICE TOWER,
FINANCIAL PARK COMPLEX, JALAN MERDEKA,
87000 FT LABUAN, MALAYSIA
SWIFT CODE: AINEMY22XXX
59: BENEFICIARY
xxxxxxxx
xxxxxxx
BANK NAME : xxxxxx
ADDRESS : xxxxxxx
SWIFT CODE : xxxxxx
32B: UNDERTAKING AMOUNT
CURRENCY: USD
AMOUNT: 10,000,000.00
71D: CHARGES
ALL ADVISING CHARGES INCURRED BY ANY ADVISING BANK UNDER THIS INSTRUMENT WILL BE COVERED
BY THE APPLICANT AND UNDERTAKE FULL PAYMENT OF RELAY CHARGES FOR INSTRUMENT TO BE ADVISED.
77U: UNDERTAKING TERMS AND CONDITIONS
APPLICANT: OXFORD GROUP CO LTD
1385/35, PRACHAPATTANA ROAD, THAP YAO
SUB-DISTRICT, LAT KRABANG DISTRICT, BANGKOK
.
ON BEHALF OF: INDO COAL AND MINERAL PTE. LTD.
LEVEL 42-01, SUNTEC TOWER 3, 8 TEMASEK BOULEVARD,
SINGAPORE 038988
(HEREINAFTER REFERRED AS ACCOUNT PARTY)
.
BENEFICIARY
xxxxxxxxx
ACCOUNT NUMBER: xxxxxxxx
Jl. xxxxxxxx
WE ASIA NEXUS INVESTMENT BANK LTD, LEVEL 7(E), MAIN OFFICE TOWER, FINANCIAL PARK COMPLEX,
JALAN MERDEKA, 87000 FT LABUAN, MALAYSIA HEREBY ISSUE THIS IRREVOCABLE AND UNCONDITIONAL
STANDBY LETTER OF CREDIT NO: ................DATED: XX/XX/24, FAVORING PT. EKSPOR PRADANA
NUSANTARA, INDONESIA (HEREINAFTER CALLED THE BENEFICIARY) HOLDING AN ACCOUNT IN PT. BANK
XXXXXXX, AS SECURITY FOR CREDIT FACILITY (THE “CREDIT FACILITY”) THAT WILL BE EXTENDED BY
YOU TO PT. XXXXXXXXXX, INDONESIA (THE BORROWER). OUR LIABILITY TO YOU UNDER THIS STANDBY
LETTER OF CREDIT SHALL NOT EXCEED USD 10,000,000.00 (FIVE MILLION US DOLLAR).
THIS STANDBY LETTER OF CREDIT IS AVAILABLE FOR PAYMENT AT SIGHT, WITHOUT THE RIGHT OF
PROTEST, UPON OUR RECEIPT OF YOUR FIRST WRITTEN DEMAND VIA AUTHENTICATED SWIFT, PROVIDED
THAT SUCH DEMAND IS DULY ACCEPTED BY US. THE DEMAND MUST BE ACCOMPANIED BY OUR PRIOR
ACCEPTANCE, AUTHENTICATED VIA SWIFT MESSAGE MT799, CONFIRMING THE ISSUER’S PRIOR APPROVAL
BEFORE PRESENTATION AND VERIFYING THE DEFAULT. THIS GUARANTEE SHALL BE AVAILABLE FOR
DRAWING BASED ON THE APPLICANT’S COMPLIANCE WITH ACCEPTABLE INSTRUCTIONS AND FULFILLMENT
OF OBLIGATIONS TOWARDS THE ISSUING BANK. ADDITIONALY, THE DEMAND MUST INCLUDE A STATEMENT
REFERENCING OUR STANDBY LETTER OF CREDIT NUMBER, THE AMOUNT CLAIMED, AND A CERTIFICATION
THAT THE BORROWER HAS DEFAULTED ON THEIR OBLIGATIONS UNDER YOUR CREDIT FACILITY EXTENDED
TO THEM. YOUR CLAIM REPRESENTS THE OUTSTADING AMOUNT, INCLUDING INTEREST AND PENALTIES,
DUE AND PAYABLE BY THE BORROWER UNDER THE CREDIT AGREEMENT, NOT EXCEEDING USD
10,000,000.00 (TEN MILLION US DOLLAR).
WE CONFIRM THAT ALL SUMS HEREUNDER SHALL BE PAID FREE AND CLEAR OF ANY WITHOLDING OR
DEDUCTION FOR, OR ON ACCOUNT OF, TAXES, LEVIES, IMPORTS, DUTY OR OTHER CHARGE OF A
SIMILAR NATURE OR ANY PENALTY IN RESPECT THEREOF AND IF WE SHALL BE REQUIRED BY LAW TO
MAKE ANY SUCH WITHOLDING DEDUCTION, THE SUM PAYABLE IN RESPECT OF WHICH SUCH DEDUCTION OR
WITHHOLDING IS REQUIRED TO BE MADE SHALLL BE INCREASED TO THE EXTENT NECESSARY TO ENSURE
THAT AFTER THE MAKING OF SUCH DEDUCTION OR WITHHOLDING, YOU SHALL RECEIVE AND RETAIN FREE
FROM LIABILITY IN RESPECT OF SUCH WITHOLDING OR DEDUCTION A NET SUM.
ALL CLAIM HEREUNDER MUST BE SUBMITTED TO US NOT LATER THAN THE ABOVE EXPIRY DATE, BUT NO
EARLIER THAN 15 DAYS PRIOR TO THE EXPIRY DATE, AFTER SUCH EXPIRY DATE THIS STANDBY
LETTER OF CREDIT AUTOMATICALLY BECOMES NULL AND VOID.
THIS STANDBY LETTER OF CREDIT IS SUBJECT TO LATEST REVISION OF INTERNATIONAL STANDBY
PRACTICES ISP 98, ICC PUBLICATION NO 590.
.
PLEASE SEND ALL DEMANDS AND NOTICES THROGH YOUR BANK TO US AT LEVEL 7(E), MAIN OFFICE
TOWER, FINANCIAL PARK COMPLEX, JALAN MERDEKA, 87000 FT LABUAN, MALAYSIA.
.
THIS IS TO CONFIRM THAT THIS UNDERLYING TRANSACTION IS NOT DIRECTLY OR INDIRECTLY RELATED
TO IRAN, SYRIA, CUBA, NORTH KOREA, RUSSIA, CRIMEA OR ANY OFAC SANCTIONED ENTITY OR
INDIVIDUAL.
.
ALL CHARGES AND EXPENSES OTHER THAN NEGOTIATION AND RELATED CHARGES OF THE BENEFICIARY
BANK IN CONNECTION WITH THIS INSTRUMENT OUTSIDE THE ISSUER ARE TO THE ACCOUNT OF THE
APPLICANT.
.
THIS CREDIT HAS BEEN FACILITATED VIA CREDIT LINES OF OXFORD GROUP CO LTD, ADDRESS:
1385/35, PRACHAPATTANA ROAD, THAP YAO SUB-DISTRICT, LAT KRABANG DISTRICT, BANGKOK WITH
ASIA NEXUS INVESTMENT BANK LTD., LABUAN, MALAYSIA AND OXFORD GROUP CO LTD IS TO BE
INCLUDED AS A NOTIFY PARTY IN THIS TRANSACTION.
.
FOR AND ON BEHALF OF
ASIA NEXUS INVESTMENT BANK LTD.
49: CONFIRMATION INSTRUCTIONS
CONFIRMED
58A: REQUESTED CONFIRMATION PARTY
BANK NAME: PT. XXXXXXX INDONESIA.
SWIFT CODE: B IBBKIDJAXXX
44H: GOVERNING LAW AND/OR PLACE OF JURISDICTION
COUNTRY CODE: MY
45L: UNDERLYING TRANSACTION DETAILS
XXXXXX AS PER PI NO: XXXXXX DATED: YYYYMMDD
