principles of contract law for us there can be no debate that be amended terms contains maturity date and prepayment terms on page eighty seven of the records under the clause maturity it states that little terms by each strong box is submitted by a loan or on a standby letter of credit and they can't exceed two point five million in the aggregate so at that point whatever the demand for payment was made it would be whatever with a bomb but there is no reference to this woman or any other particular of my own in specifically one of the documents that would would normally be signed in connection form the security account agreement it has where in the past requires something is signed by both parties it requires an expressed agreement or commitment alone and it requires that the relevant terms and conditions of the set out this is a summary of terms and conditions is there it was not in the well first it's missing the signature of the point of second it doesn't contain any express commitment or agreement to land in fact it says the exact opposite it says that certain requirements it would be a stand by letter credit and this is but the specifics of it here assessed to agree to there's no subsequent document and certainly not in the account documents it don't even reference a loan that they had that are writing that show that eric harris ever re not going to have to be the final requirement in the relevant terms now this document does have some of the terms it sets out some of the framework for on which i think is what the intent was but it leaves out certain terms to be determined resolve in the future specifically one of the early reference to security the security is defined as a sound bite or credit this that harris has to approve the details of that sin by letter of credit how much it is who is from the of thirty days prior to the maturity of the standby letter creditor securing the facility and any of it normally two years from closing so two years is like a maximum period of time but to anything less than two years i two options but we have no evidence that which one picked that's the point so we don't know what the loan interest would actually be because we don't have a document say you pick a or b is this point he related to the same transaction but in those cases you had a credit you had an agreement there was no doubt i had an agreement as my point that it wasn't about trying to piece together a signature here  or guarantee that was separate and separate piece of paper then the then that the actual loan and the issue was well off i'm praying that you will really modify this agreement in the issue of the credit agreement b here that consist of the relevant terms and consisted of a commitment to want and that's what we need to do the credit agreement act and the court even though we've argued that the account documents shouldn't you know there's no reason the time together they considered the where there was a commitment to her in agreement to land in there and in on that basis the court dismissed based on the credit agreement second and we believe it should be affirmed on that basis occurred with whether it critically when a rule is in the first place if there is a lot of talk about the security documentation the security documentation is just another condition that the will to advise he was subject suing on the basis of the letter and again on the motion dismissed the proper procedure would have been true allow us to leave a man because all that for us is are made in the favor of the pla be attached they don't need to be attached if that is the agreement that is being sued on here we're suing on the amended terms and all the documents that comprise the entire loan transaction which together and