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Export Lc Discounting
"I need an Export LC Discounting agreement for a mining equipment export transaction worth AUD 5 million, where we require stronger than usual security provisions and specific clauses for technical document verification by March 2025."
1. Parties: Identification of the financial institution (discounter) and the exporter (beneficiary of the LC)
2. Background: Context of the export transaction, existing LC details, and purpose of the discounting arrangement
3. Definitions: Definitions of key terms including LC, discounting rate, documents, export transaction, and other relevant terminology
4. Discounting Facility: Details of the discounting facility including limits, conditions, and terms
5. Pricing and Fees: Discounting rate calculation, fees, charges, and payment terms
6. Documents and Presentation: Requirements for LC documents, presentation procedures, and document checking standards
7. Rights and Obligations: Detailed responsibilities of both parties including document presentation, payment obligations, and compliance requirements
8. Representations and Warranties: Standard and specific representations regarding the LC, underlying transaction, and parties' capacity
9. Risk Transfer: Terms regarding transfer of risk, recourse rights, and security arrangements
10. Events of Default: Circumstances constituting default and consequential rights and remedies
11. Regulatory Compliance: Compliance requirements including AML/CTF, sanctions, and export regulations
12. Governing Law and Jurisdiction: Choice of law and jurisdiction provisions
1. Security Arrangements: Used when additional security beyond the LC is required, detailing collateral or guarantee requirements
2. Insurance: Required when specific insurance coverage is needed for the underlying goods or transaction
3. Agency and Trust: Included when the discounting involves multiple parties or syndication
4. Tax Provisions: Detailed tax clauses required when cross-border tax implications need specific attention
5. Force Majeure: Specific force majeure provisions when required by the nature of the underlying export transaction
6. Electronic Documentation: Required when parties agree to use electronic presentation of documents or digital platforms
1. Schedule 1 - LC Details: Details of the Letter of Credit including issuing bank, amount, expiry, and key terms
2. Schedule 2 - Pricing Schedule: Detailed breakdown of discounting rates, fees, and calculation methodologies
3. Schedule 3 - Required Documents: List of required documents for presentation under the LC and discounting facility
4. Schedule 4 - Operational Procedures: Detailed procedures for document presentation, checking, and payment
5. Schedule 5 - Form of Notices: Standard forms for various notices under the agreement
6. Appendix A - Compliance Checklist: Checklist for regulatory compliance requirements
7. Appendix B - Document Presentation Form: Standard form for presenting documents under the facility
Authors
Applicable Rate
Authority
Banking Day
Base Rate
Business Day
Confidential Information
Confirmation
Correspondent Bank
Default Event
Default Rate
Discount Amount
Discount Period
Discounting Rate
Documentary Credit
Documents
Due Date
Event of Default
Export Documents
Export Letter of Credit
Export Transaction
Facility
Facility Limit
Finance Documents
Financial Indebtedness
Force Majeure Event
Governing Law
Insolvency Event
Issuing Bank
LC Amount
Letter of Credit
Material Adverse Effect
Maturity Date
Nominated Bank
Payment Obligation
Permitted Security Interest
Presentation
Purchase Price
Regulatory Requirements
Related Entity
Relevant Documents
Security
Security Interest
Taxes
Transaction
Transaction Documents
UCP 600
Underlying Transaction
Pricing and Payment
Conditions Precedent
Representations and Warranties
Document Presentation
Payment Obligations
Security
Risk Transfer
Recourse
Undertakings
Events of Default
Remedies
Regulatory Compliance
Anti-Money Laundering
Sanctions Compliance
Confidentiality
Assignment and Transfer
Set-off Rights
Force Majeure
Notices
Amendments
Severability
Counterparts
Electronic Execution
Dispute Resolution
Governing Law
Jurisdiction
Indemnification
Costs and Expenses
Taxes
Currency Provisions
Document Examination
Bank Communications
Agency Provisions
Termination Rights
Banking and Financial Services
International Trade
Manufacturing
Agriculture and Food Export
Mining and Resources
Textiles and Garments
Chemical and Pharmaceuticals
Industrial Equipment
Consumer Goods
Commodities Trading
Legal
Trade Finance
Treasury
International Banking
Risk Management
Compliance
Export Operations
Finance
Credit Risk
Documentary Credits
Trade Operations
Trade Finance Manager
Export Finance Director
International Banking Officer
Chief Financial Officer
Treasury Manager
Export Sales Manager
Trade Operations Manager
Compliance Officer
Legal Counsel
Risk Manager
Documentary Credits Specialist
Banking Relationship Manager
Export Documentation Officer
Financial Controller
Credit Risk Officer
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