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Letter Of Credit Facility Agreement Template for United States

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Key Requirements PROMPT example:

Letter Of Credit Facility Agreement

"I need a Letter of Credit Facility Agreement for our US manufacturing company to secure a $10 million facility with Chase Bank, primarily for importing machinery from Germany, to be effective from March 2025."

Document background
The Letter of Credit Facility Agreement serves as a master agreement for businesses requiring regular access to letters of credit for international trade or domestic transactions. This document, governed by U.S. law and compliant with UCC Article 5, establishes the framework under which a bank commits to issue letters of credit up to an agreed limit. It includes essential terms such as facility amount, validity period, issuance procedures, fees, and security requirements. The agreement is particularly crucial for companies engaged in regular import/export activities or those requiring bank-backed payment assurances for their business operations.
Suggested Sections

1. Parties: Identification of the bank, applicant, and beneficiary

2. Background: Purpose and context of the letter of credit facility

3. Definitions: Key terms used throughout the agreement including UCC Article 5 and UCP 600 references

4. Facility Terms: Amount, availability period, and purpose of the facility

5. Conditions Precedent: Requirements to be met before facility becomes available

6. Fees and Charges: All applicable fees, commissions, and charges

7. Representations and Warranties: Standard declarations by the applicant regarding legal capacity and compliance

8. Covenants: Ongoing obligations of the applicant including compliance with banking regulations

Optional Sections

1. Security Arrangements: Details of any collateral or security arrangements when facility is secured

2. Syndication Provisions: Terms for multiple participating banks in syndicated facilities

3. Currency Provisions: Terms for multi-currency facilities when multiple currencies are involved

Suggested Schedules

1. Fee Schedule: Detailed breakdown of all fees and charges applicable to the facility

2. Form of L/C Application: Standard form for requesting individual letters of credit under the facility

3. Form of Compliance Certificate: Template for periodic compliance reporting under banking regulations

4. Security Documents: Details of security arrangements and related documentation

5. Authorized Signatories: List of persons authorized to request letters of credit under the facility

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

UCC Article 5: Uniform Commercial Code Article 5 specifically governs Letters of Credit, providing the primary domestic legal framework for LC transactions in the United States

UCP 600: The Uniform Customs and Practice for Documentary Credits, international rules developed by ICC that standardize LC practices globally

ISP98: International Standby Practices, specifically designed for standby letters of credit, providing detailed rules for their operation

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering in LC transactions

USA PATRIOT Act: Legislation that strengthens anti-money laundering requirements and includes provisions affecting international banking transactions

Federal Reserve Regulations: Including Regulation CC and other Fed regulations governing banking operations and letter of credit facilities

OCC Regulations: Office of the Comptroller of the Currency regulations governing national banks' letter of credit operations

OFAC Compliance: Office of Foreign Assets Control regulations regarding sanctions and embargoes that affect international LC transactions

UCC Article 9: Governs secured transactions if the letter of credit facility involves security interests or collateral

State Contract Laws: State-specific contract laws that may affect the formation and enforcement of the LC facility agreement

Equal Credit Opportunity Act: Federal law prohibiting discrimination in credit transactions, including LC facilities

ICC Rules: International Chamber of Commerce rules and guidelines for international trade and banking practices

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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