APPLICANT AVAILABLE BY
PAYMENT AGAINST PRESENTATION OF YOUR DRAFT(S) DRAWN AT SIGHT ON OURSELVES
ACCOMPANIED BY THE FOLLOWING DOCUMENTS:
YOUR MANUALLY EXECUTED ORIGINAL STATEMENT PURPORTED TO BE SIGNED BY AN
AUTHORIZED REPRESENTATIVE OF THE BENEFICIARY STATING THE FOLLOWING:
"THE UNDERSIGNED, BEING A DULY AUTHORIZED REPRESENTATIVE OF THE BENEFICIARY
HEREBY CERTIFIES THAT PAYMENT BY (APPLICANT) IS DUE UNDER ONE OR MORE OF THE
TERMS OF THAT CERTAIN AGREEMENT DATED AS OF
THAT EXISTS
BETWEEN
AND
.
(BENEFICIARY) HAS GIVEN WRITTEN NOTICE TO
PURSUANT TO THE TERMS OF THE AGREEMENT AND SUCH
PAYMENT HAS NOT BEEN MADE UP TO THIS DATE OF DRAWING UNDER THIS LETTER OF CREDIT
AND THE TERMS AND CONDITIONS OF THE
AGREEMENT
AUTHORIZE
TO NOW DRAW DOWN ON THE LETTER
OF CREDIT.
WE FURTHER CERTIFY THAT
WILL APPLY
FUNDS DRAWN UNDER THIS LETTER OF CREDIT TO SATISFY [APPLICANTS] OBLIGATIONS
UNDER THE
AGREEMENT AND THE AMOUNT OF USD
(INSERT DRAW AMOUNT) IS NOW DUE AND PAYABLE."
NOTWITHSTANDING ANY REFERENCE IN THIS LETTER OF CREDIT TO OTHER DOCUMENTS,
INSTRUMENTS OR AGREEMENTS OR REFERENCES IN SUCH OTHER DOCUMENTS, INSTRUMENTS OR
AGREEMENTS TO THIS LETTER OF CREDIT, THIS LETTER OF CREDIT SETS FORTH IN FULL
THE TERMS OF OUR UNDERTAKING AND ANY SUCH DOCUMENTS, INSTRUMENTS OR AGREEMENTS
SHALL NOT BE DEEMED INCORPORATED HEREIN BY SUCH REFERENCES.
PARTIAL DRAWINGS MAY BE MADE UNDER THIS LETTER OF CREDIT, PROVIDED HOWEVER, THAT
EACH SUCH DEMAND THAT IS PAID BY US SHALL REDUCE THE AMOUNT AVAILABLE UNDER THIS
LETTER OF CREDIT.
DRAFT(S) MUST BE PRESENTED TO THE DRAWEE NOT LATER THAN
(THE "EXPIRATION DATE") AND MUST BE MARKED "DRAWN
UNDER DEUTSCHE BANK AG NEW YORK BRANCH LETTER OF CREDIT NO.
DATED
"
EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS ISSUED
SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007
REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NUMBER 600.
COMMUNICATIONS TO US REGARDING THIS LETTER OF CREDIT MUST BE IN WRITING AND MUST
BE ADDRESSED TO US AT 60 WALL STREET, NEW YORK, NEW YORK 10005,
FLOOR, STANDBY LETTER OF CREDIT UNIT, SPECIFICALLY REFERRING TO THIS LETTER OF
CREDIT BY ITS NUMBER.
VERY TRULY YOURS,
AUTHORIZED SIGNATURE
AUTHORIZED SIGNATURE
EXHIBIT I
Monster Energy Distribution Agreement
INDEMNIFICATION
Distributor shall indemnify, defend, and hold harmless HBC and its officers,
directors, agents, employees, shareholders, legal representatives, successors
and assigns, and each of them, from loss, liability, costs, damages, or expenses
from any and all claims, actions and suits, instituted by any third party
***,
whether groundless or otherwise, and from and against any and all third party
claims ***, liabilities, judgments, losses, damages, costs, charges, attorney's
fees, and other expenses of every nature and character
*** and/or its
affiliates or any change in, or termination of, ***, unless solely attributable
to HBC's alleged wrongful conduct which is unrelated to this Agreement or any
other agreement between the parties entered into concurrently herewith, provided
that HBC gives Distributor written notice of any indemnifiable claim and HBC
does not settle any claim without Distributor's prior