York, NY time
1
) on such Business Day to _____________________________________,
________________________________________________________________________
(i) a notice executed by you in the form of Annex 1 hereto, appropriately completed and
duly signed by an Authorized Officer of the Beneficiary and (ii) your draft in the form of
Annex 2 hereto, appropriately completed and duly signed by an Authorized Officer of the
Beneficiary. Authorized Officer shall mean President, Treasurer, any Vice President or
any Assistant Treasurer.
4. We may, but shall not be obligated to, accept any request to issue a substitute Letter of
Credit. Such request shall be in an Availability Certificate in the form of Annex 3 hereto
by you to us for exchange for a new Letter of Credit in the amount set forth in an
Availability Certificate, which amount shall not exceed the present value of this letter of
credit. Upon acceptance by us of any such request to issue a substitute Letter of Credit
for exchange, the new Letter of Credit shall be issued in the amount as set forth in the
Availability Certificate.
5. We hereby agree to honor a drawing hereunder made in compliance with the terms and
provisions of this Letter of Credit by transferring in immediately available funds the
amount specified in the draft delivered to us in connection with such drawing to such
account at such bank in the United States as you may specify in your draft delivered to us
pursuant to Paragraph 3 hereof, by 3:00 P.M. (New York, NY time) on the date of such
drawing, if delivery of this requisite document is made prior to 11:00 AM (New York,
NY time) on a business day pursuant to Paragraph 3 herein above, but at the opening of
business on the first Business Day next succeeding the date of such drawing if delivery of
1
If the issuer of the Letter of Credit is located in an area that is not in the Eastern time zone, this time and all other
times in this Letter of Credit, and the definition of a business day should be adjusted accordingly