Application for Standby Letter of Credit/Guarantee

4
1428191 20146_Singapore 09/19 Page 1 of 4 Application for Standby Letter of Credit/Guarantee Citibank, N.A., Singapore Branch (“The Bank”) 8 Marina View #16-01 Asia Square Tower 1, Singapore 018960 Attn: Transaction Exchange Center All * fields are mandatory. Application Date ______________________________________________________ Guarantee/Standby LC Subject To: ___________________________________________ Applicant:* Beneficiary:* Address:* Address:* Country:* Country:* Contact: Phone: Contact: Phone: Advising Bank: Expiry Date:* Expiry Place:* Address: Currency: Amount:* Written in Words: Country: Co-Applicant/Third Party Issuance: Beneficiary (The Second Instrument) For issuance on behalf of another party, name and address of party to appear in Undertaking as “Applicant”: _____________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ Tick if applicable The Undertaking is required for the purpose of the Beneficiary issuing a standby letter of credit/bankers guarantee (the Second Instrument”) in favour of _________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ at the request of the Applicant. Where this applies, the Second Instrument will be attached in Appendix A in place of the Undertaking and the sentence “We attach hereto the form of the Undertaking which has been requested by the beneficiary,” in Clause 1 of the terms and conditions below will be deemed deleted. This Application is for the issuance of a standby letter of credit/guarantee (the “Credit”) under and subject to the terms and conditions of (select one): The Agreement for Standby Letter of Credit attached hereto. The Continuing Agreement for Letters of Credit dated:___________________________________________________________ Other (describe): ____________________________________________________________________________________________________________________________________________________________________________ . Please Select Appropriate: Irrevocable Standby Letter of Credit Bid Bond Irrevocable Letter of Guarantee Performance Bond Others (Please specify)__________________________________________________________________________________________________________________________________________________________________________ For Bank Use Format of Credit: A proposed format of the credit is enclosed for your review and acceptance Please issue the credit in your standard format as per attached information

Transcript of Application for Standby Letter of Credit/Guarantee

1428191 20146_Singapore 09/19 Page 1 of 4

Application for Standby Letter of Credit/Guarantee Citibank, N.A., Singapore Branch (“The Bank”) 8 Marina View #16-01 Asia Square Tower 1, Singapore 018960Attn: Transaction Exchange Center

All * fields are mandatory.Application Date ______________________________________________________ Guarantee/Standby LC Subject To: ___________________________________________

Applicant:* Beneficiary:*

Address:* Address:*

Country:* Country:*

Contact: Phone: Contact: Phone:

Advising Bank: Expiry Date:* Expiry Place:*

Address: Currency: Amount:*

Written in Words:

Country:

Co-Applicant/Third Party Issuance: Beneficiary (The Second Instrument)

For issuance on behalf of another party, name and address of party to appear in Undertaking as “Applicant”: _____________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

� Tick if applicable

The Undertaking is required for the purpose of the Beneficiary issuing a standby letter of

credit/bankers guarantee (the Second Instrument”) in favour of _________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

at the request of the Applicant. Where this applies, the Second Instrument will be

attached in Appendix A in place of the Undertaking and the sentence “We attach hereto

the form of the Undertaking which has been requested by the beneficiary,” in Clause 1 of

the terms and conditions below will be deemed deleted.

This Application is for the issuance of a standby letter of credit/guarantee (the “Credit”) under and subject to the terms and conditions of (select one):

� The Agreement for Standby Letter of Credit attached hereto. � The Continuing Agreement for Letters of Credit dated: ___________________________________________________________

� Other (describe): ____________________________________________________________________________________________________________________________________________________________________________ .

Please Select Appropriate:� Irrevocable Standby Letter of Credit � Bid Bond � Irrevocable Letter of Guarantee � Performance Bond

� Others (Please specify) __________________________________________________________________________________________________________________________________________________________________________

For Bank Use

Format of Credit: A proposed format of the credit is enclosed for your review and acceptance Please issue the credit in your standard format as per attached information

1428191 20146_Singapore 09/19 Page 2 of 4

Underlying Transaction Details (Provide a brief description):

Transmit Credit by:

� Telex � Mail � Courier

Charges:All banking charges, other than Citibank, N.A.’s charges are for account of � Beneficiary � Applicant

Special Instructions:Debit Charges and Principal from Account # ___________________________________________

Applicant Signature: Co-Applicant Signature:

Date: Date:

By: By:

Name: Name:

Title: Title:

Contact Person Details:

____________________________________________________________________________________________________________________________________________________________________________________________________

In case of query, please contact ________________________________________________________________ at Telephone ___________________________________________________________________________________

Fax ______________________________________________________________________________________________ Email address __________________________________________________________________________________

Collection of original BG at our counter:

Release to our representative signing against our company stamp and quoting the Bank’s reference number

Release to freight company against consignment note quoting our company name and the Bank’s reference number

1428191 20146_Singapore 09/19 Page 3 of 4

Citibank, N.A., Singapore Branch (“The Bank”)8 Marina View #16-01 Asia Square Tower 1, Singapore 018960Attn: Transaction Exchange Center

Any changes to this form must be highlighted and initialled by both parties before it will be effective and binding on both parties.

In consideration for your so doing, we hereby undertake and agree with the Bank as follows:

1 We attach hereto the form of the Undertaking which has been requested by the beneficiary. The Bank is authorized to make such modifications and amendments thereto in order to issue the Undertaking in such form and on such terms as the Bank may deem necessary. Except where we have otherwise specified, the Bank is authorized to appoint another bank, of its choice, for purposes of issuance of the Undertaking in a country other than Singapore where the Undertaking is issued by another bank, this agreement and indemnity applies with full force & effect as if the Undertaking were issued by the Bank.

2 We shall forthwith pay on demand such fee as the Bank may require for the issuance of the Undertaking.

3(i) We shall indemnify the Bank fully and hold the Bank harmless from and against any and all claims and to reimburse the Bank upon demand for any and all payments, losses, costs, expenses (including legal fees incurred by the Bank on a full indemnity basis) and damages which the Bank may suffer, sustain, make, or be required to make resulting from, in connection with or pursuant to the issuance of the Undertaking, or any demand or claim made on or any enforcement of the Undertaking, and upon the Bank’s request to appear and defend at our own cost and expense any action which may be commenced against the Bank in connection therewith.

For the avoidance of doubt, where the Bank is required to (A) make any deduction or withholding (whether on account of tax or otherwise) in relation to any sum paid or payable under the Undertaking, and (B) pay an increased amount to the beneficiary of the Undertaking such that the beneficiary receives a net sum equal to what the beneficiary would have received and so retained had no such deduction, withholding or payment been required or made, we will indemnify and reimburse the Bank for such increased amount if paid, notwithstanding that it exceeds the amount stated in this Agreement or the face value of the Undertaking and regardless whether the Bank has paid such deduction or withholding to the relevant authority.

3(ii) We shall forthwith on demand by the Bank deposit and/or charge to the Bank a sum (“the deposit”) equivalent to that undertaken by the Bank until the Undertaking ceases to be enforceable against the Bank or until all our liabilities to the Bank hereunder are discharged in full.

3(iii) In the event of any failure by us to make payment of any amount due under this Agreement, including the deposit or if any amount is claimed against the Bank resulting from, in connection with or pursuant to the Undertaking (whether or not the Bank has made any payment pursuant thereto) the Bank is authorized and may immediately and without notice to us debit our account(s) including time deposit(s) whether or not matured with the Bank. Citibank N.A. or any Citibank N.A.’s branches in other jurisdictions and apply the funds toward satisfaction of any sum then due from us to the Bank under this Agreement and unpaid. Furthermore, without notice to us the Bank may sell any of our securities or moveable property held by the Bank on deposit or otherwise, at public or private sale without any judicial proceedings whatsoever, and retain from the proceeds derived therefrom the total amount remaining unpaid, including all costs, charges and expenses incidental to such sale, and we shall be responsible to the Bank for any deficiency whatsoever and however arising and we will pay on demand to the Bank the amount of any such deficiency.

3(iv) Any demand or claim made against the Bank for payments shall be sufficient authority to the Bank to make payment and to debit our account with the Bank as aforesaid. Certificate from any officer of the Bank as to any amount payable by us under this Clause 3 shall be binding and conclusive on us in the absence of manifest error.

4. If any bankruptcy notice or winding up petition is presented against us, the Bank shall have the right, subject to receipt in exchange for such payment of a release from the beneficiary mentioned above of all the Bank’s obligations under the Undertaking, to pay to such beneficiary at any time thereafter an amount equivalent to the Bank’s outstanding obligation under the Undertaking notwithstanding that no demand or claim has been made on the Bank thereunder and the amount so paid by the Bank shall constitute a debt due from us to the Bank and be payable on demand.

5. If either (i) the introduction of or any change in or in the interpretation of any law or regulation or (ii) the Bank’s compliance with any guideline or request from any central bank or other governmental authority (whether or not having the force of law) affects or would affect the amount of capital required or expected to be maintained by the Bank or result in any increased costs to the Bank in relations to the issuance or maintenance of the Undertaking then, upon the Bank’s demand we shall immediately pay to the Bank, from time to time as specified by the Bank, additional amounts sufficient to compensate the Bank in the light of such circumstances, to the extent that the Bank determines such increase in capital or costs to be allocated to the issuance or maintenance of the Undertaking. A certificate as to such amount submitted to us by the Bank, shall, in the absence of manifest error, be conclusive and binding on us for all purposes.

6(i) No failure on the Bank’s part to exercise, and no delay on the Bank’s part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies (whether provided by law or otherwise).

6(ii) Any term or provision of this Agreement may be amended by the Bank from time to time sending the amendments by post to us at our address set out in the Bank’s records. We hereby agree to be bound by any amendment records.

7(i) Each communication from the Bank to us under this Agreement may be made by fax, telex or letter sent by ordinary post, and delivered to us under this Agreement at the fax or telex number or address contained in the Bank’s records.

7(ii) Such communication shall be deemed to have been received by us (if sent by fax or telex) on the day of dispatch or (if sent by ordinary post) one business day after being put in the post.

8(i) All sums payable by us hereunder shall be paid (1) free of any restriction or condition. (2) free and clear of and (except to the extent required by law) without any deduction or withholding on account of any tax and (3) without deduction or withholding (except to the extent required by law) on account of any other account, whether by way of set-off, counterclaim or otherwise and insofar as any deduction or withholding is required by law, the sum payable by us shall be increased to the extent necessary to ensure that, after the making of that deduction, withholding or payment, the Bank receives on the due date and retain (free from any liability in respect of any such deduction, withholding or payment) a net sum equal to what the Bank would have received and so retained had no such deduction, withholding or payment been required or made.

8(ii) All sums payable to the Bank under this Agreement shall be net-of and exclusive of any tax on goods or services or any value added tax, and any such tax levied on sums payable from us to the Bank shall be paid by us, and if the Bank is required to make any payment on account of such tax, we shall on demand by the Bank indemnify the Bank in full against such payment.

1428191 20146_Singapore 09/19 Page 4 of 4

9. Where we have authorized the Bank to accept any telephone, facsimile and/or telex instructions given by any persons identifying themselves as or claiming to be the persons named in our board resolutions or letter of authority as being authorized to give telephone, facsimile and/or telex instructions relating to the Undertaking to be made by the Bank, the Bank shall not be obliged to verify the identity of such persons and shall be entitled to act on such telephone, facsimile and/or telex instructions without further verification or written confirmation from us. We hereby agree that the Bank shall not be in any way liable to us or any loss or damage suffered or any expenses incurred should any such persons not be who he claims to be or should he not be authorized to give the instructions and we shall fully indemnify the Bank against all losses and damages suffered and expenses incurred in acting on telephone, facsimile and/or telex instructions given by such persons.

10. We consent to the transfer and disclosure by the Bank of any information relating to us to and between the branches, subsidiaries, representative offices, affiliates and agents of the Bank and third parties selected by any of them, wherever situated, for confidential use (including in connection with the provision under this Agreement and for data processing, statistical and risk analysis purposes). The Bank and any branch, subsidiary, representative office, affiliate, agent or third party may transfer and disclose any such information as required by any law, court, regulator and process. This clause is not, and shall not be deemed to constitute an express or implied agreement by Citibank for a higher degree of confidentiality than that prescribed in Section 47 and the Third Schedule of the Banking Act, Cap. 19 of Singapore.

11. For the purposes of the Personal Data Protection Act (2012) of Singapore (the “Act”), we acknowledge that we have read and understood the Customer Circular relating to the Personal Data Protection Act (for Corporate and Institutional Customers) (“Privacy Circular”), which is available at www.citibank.com.sg/icg/pdpacircular or upon request, and which explains the purposes for which the Bank may collect, use, disclose and process (collectively, “process”) personal data of natural persons. We warrant that to the extent required by applicable law or regulation, we have provided notice to and obtained consent from relevant natural persons to allow the Bank to process our personal data as described in the Privacy Circular as may be updated from time to time, prior to disclosure of such personal data to the Bank. We further warrant that any such consent has been granted by these natural persons.

12. This Agreement shall be governed by and construed in accordance with the laws of Singapore. In respect of any proceedings commenced to enforce our obligations hereunder we irrevocably submit to the non-exclusive jurisdiction of the courts of Singapore. Such submission shall not prejudice the Bank’s right to commence action against us in any other court of competent jurisdiction.

Stamp and Authorised Signature(s)

© 2016 Citibank, N.A. All rights reserved. Citi and Arc Design is a trademark and service mark of Citigroup Inc., used and registered throughout the world.