CREDIT OR THE EXHIBITS HERETO. THIS
LETTER OF CREDIT CANNOT BE MODIFIED OR REVOKED WITHOUT THE WRITTEN CONSENT OF US
AND THE BENEFICIARY.
ALL FEES AND CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THIS LETTER OF CREDIT AND THE
EXHIBITS
2
HERETO SET FORTH IN FULL THE TERMS OF OUR UNDERTAKING, AND SUCH UNDERTAKING
SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, AMPLIFIED OR LIMITED BY REFERENCE TO
ANY DOCUMENT, INSTRUMENT OR AGREEMENT REFERRED TO HEREIN, AND ANY SUCH REFERENCE
SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT
OR AGREEMENT.
WE AGREE IN THE EVENT THAT THE ORIGINAL OF THIS LETTER OF CREDIT IS LOST,
STOLEN, MUTILATED OR DESTROYED THAT UPON YOUR REQUEST, WE WILL PROVIDE A
REPLACEMENT TO THE ORIGINAL OF THIS LETTER OF CREDIT IN THE FORM OF AN
AUTHENTICATED COPY OF THE ORIGINAL LETTER OF CREDIT PROVIDED THAT YOUR REQUEST
IS ACCOMPANIED BY YOUR INDEMNIFICATION IN FORMAT AND SUBSTANCE ACCEPTABLE TO US
AND OUR CUSTOMARY FEE. WE FURTHER AGREE THAT FOR PURPOSES OF THIS LETTER OF
CREDIT, SUCH AN AUTHENTICATED COPY OF THIS LETTER OF CREDIT SHALL BE CONSIDERED
THE ORIGINAL OF THIS LETTER OF CREDIT.
THIS LETTER OF CREDIT IS GOVERNED BY ISP98 (THE INTERNATIONAL STANDBY
PRACTICES), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590 (THE "ISP98"),
AS TO MATTERS NOT GOVERNED BY ISP98, THIS LETTER OF CREDIT SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. IF THIS
LETTER OF CREDIT EXPIRES DURING AN INTERRUPTION IN BUSINESS AS DESCRIBED IN RULE
3.14 OF ISP98, WE HEREBY SPECIFICALLY AGREE TO EFFECT PAYMENT IF THIS LETTER OF
CREDIT IS DRAWN AGAINST US THIRTY (30) DAYS AFTER THE RESUMPTION OF BUSINESS.
Very Truly Yours,
WELLS FARGO BANK, N.A.
By:
Authorized Signature
The original of the Letter of Credit contains an embossed seal over the
Authorized Signature.
Please direct any written correspondence or inquiries regarding this Letter of
Credit, always quoting our reference number, to Wells Fargo Bank, National
Association, Attn: U.S. Standby Trade Services
at either
or
794 Davis Street, 2nd Floor
401 N. Research Pkwy, 1st Floor
MAC A0283-023,
MAC D4004-017,
San Leandro, CA 94577-6922
WINSTON-SALEM, NC 27101-4157
Phone inquiries regarding this credit should be directed to our Standby Customer
Connection Professionals
1-800-798-2815 Option 1
1-800-776-3862 Option 2
(Hours of Operation: 8:00 a.m. PT to 5:00 p.m. PT)
(Hours of Operation: 8:00 a.m. EST to 5:30 p.m. EST)
3
EXHIBIT A
FORM OF SIGHT DRAFT
DATE AND PLACE:
AT SIGHT
PAY TO THE ORDER OF:
[BENEFICIARY]
AMOUNT
[IN WORDS AND FIGURES]
DRAWN UNDER WELLS FARGO BANK, N.A. STANDBY LETTER OF CREDIT NO. IS0497291U,
DATED MARCH 10, 2017
TO:
WELLS FARGO BANK, N. A.
U.S. TRADE SERVICES, STANDBY LETTER OF CREDIT,
794 DAVIS STREET, 2ND FLOOR
SAN LEANDRO, CA 94577-6922
CERBERUS BUSINESS FINANCE, LLC
BY:
TITLE:
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EXHIBIT B
DRAWING CERTIFICATE
IRREVOCABLE STANDBY LETTER OF CREDIT NO. IS0497291U
,201
TO:
WELLS FARGO BANK, N. A.
U.S. TRADE