arantee/Stdby Letter Cre(09/08/19-07:56:47
——BOLLOWING RECEIPT OF THE BENEFICIAR
5401-092668 2
SRYS FIRST DEMAND FOR PAYMENT
FOR AN AMOUNT NOT EXCEEDING IN AGGREGATE, THE AGGREGATE TOTAL
AMOUNT. THE DEMAND MUST BE IN THE FORM OF AN AUTHENTICATED SWIFT
RECEIVED AT THE BANK’S SWIFT ADDRESS, QUOTING OUR LETTER OF
CREDIT NUM D STATING THAT ‘'THE BORROWER HAS
FAILED TO HONOUR TTS OBLIGATION IN THE REIMBURSNENT OF THE
CONTRACT OF TERM LOAN SIGNED ON 24TH OF JULY 2019 THE CLAIM
RESPECT
OF LOAN AGREEM IN WHICH THIS STANDBY
IS IDENTIFIED BY ITS LETTER OF Cl ER, AND INCORPORATING
Your CERTIFICATION (NITH RELEVANT BLANKS COMPLETED) THAT THIS
DRAWING UNDER STANDBY LETTER OF CREDIT No. QD IN THE
AMOUNT. USD QUEM | GHEREINAPTER REFERRED THE DRAWING
AMOUNT! ') IS MADEN RESPECT OF AMOUNTS DUE AND PAYABLE TO THE
Sree baggies 8 RESPECT OF ION EXTENDED 70
2, THIS STANDBY SETS FORTH THE TERMS AND CONDITIONS OF THE
BANK’ S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE
MODIFIED, AMENDED OR AMPLIFIED BY REFERENCE TO ANY OTHER
DOCUMENT, INSTRUMENT, CONTRACT OR AGREEMENT REFERRED TO HEREIN
OR TO WHICH THIS STANDBY RELATES AND ANY SUCH REFERENCE TO ANY
OTHER DOCUMENT, INSTRUMENT, CONTRACT OR AGREEMENT SHALL NOT BE
DEEMED TO BE INCORPORATED HEREIN BY REFERENCE.
3. THIS STANDBY SHALL EXPIRE ON 31ST OF JULY 2020 (HERI
REFERRED AS '/THE EXPIRY DATE’’). THIS STANDBY WILL
AUTOMATICALLY EXTEND WITHOUT ANENDMENT FOR SUCCESSIVE PERIODS OF
‘ONE YEAR FROM THE PRESENT OR ANY FUTURE EXPIRY DATE, UNLESS TH!
BANK NOTIFIES THE BENEFICIARY IN WRITING, NOT LESS THAN 90 DAYS
PRIOR TO ANY SUCH-EXPIRY DAT2 THAT WE HAVE ELECTED NOT TO EXTEND
SUCH EXPIRATION DATE OF SUCH ADDITIONAL PERIOD. UPON RECEIPT BY
HE BENEFICIARY MAY DRAd HEREUNDER FOR AN
UNUSED BALANCE OF THIS STANDBY BY
(AFTER
ARY’S TATEMENT QUOTING THE BENEFICIARY’ S
OF CREDIT NUMBER ‘AND STATING THAT THE
FUNDS WILL BE RETAINED AND USED BY The BENEFICIARY TO MEET ANY
BORROWERS OBLIGATION(S) HEREUNDER AND FURTHER, THAT IN
THE EVENT THE OBLIGATION(S) ARE SATISFIED, THE BENEFICIARY WILL
REFUND TO THE BANK THE AMOUNT PAID BY THE BANK TO THE
BENEFICIARY HEREUNDER
4, THIS STANDBY IS SUBJECT TO ISP98 INTERNATIONAL CHAMBER OF
CONMERCZ, PUBLICATION NO. 590 AND FOR ANY MATTERS NOT ADDRESSED
BY ISP98'SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
ENGLISH LAWS AND ALL PARTIES HERETO THAT ANY DISPUTZS ARISING
OUT OF AND IN RELATION TO THIS STANDBY SHALL BE SUBJECT 70
EXCLUSIVE JURISDICTION OF ENGLISH COURTS IN LONDON, ENGLAND
5. ISSUER'S CHARGES AND FEES FOR ISSUING, AMENDING, OR HONORING
THIS STANDBY ARE FOR APPLICANT’S ACCOUNT AND SHALL NOT BE
DEDUCTED FROM ANY PAYMENT ISSUER MAKES UNDER THIS STANDBY.
6. ANY DEMAND MADE UNDER AND IN COMPLIANCE WITH THE TERMS AND.
CONDITIONS OF THIS STANDBY WILL BE DULY HONORED IF RECEIVED AT
THE BANK’S ABOVE-MENTIONED SWIFT ADDRESS ON OR PRIOR TO THE
EXPIRY DATE OF THIS STANDBY.
7, THIS GUARANTEE IS FOR THE SOLE BENEFIT OF THE BENEFICIARY AND
§ THUS NOT NEGOTIABLE OR TRANSFERABLE
BANK WILL PAY ON DEMAND UNDER THE STANDBY WITHOUT REGARD
NY CLAIM OR DISPUTE OF ANY NATURE WHICH ANY PARTY MAY ALLEGEZEMEBTAAMegPrn-6401-092669
WITHOUT VERIFYING:
THE VALIDITY OR AUTHENTICITY OF THE DEMAND RECEIVED IN
(2 TERMS AND CONDITIONS OF THE STANDBY, OR
08/08/19-07
faa
BORROWER’S ALLEGED NON-COMPLIANCE WITH THE TERM LOAN
AGREEMENT OF ETB IGNED ON THE 24TH OF JULY 2019'"
THE CORRECTNESS OF THE AMOUNT(S) DEMANDED.
ANY FURTHER CORRESPONDAN
Mi
8.3
REGARDING THIS MESSAGE MUST
RATIVELY BEAR OUR FULL REFERENCE: QED
BEST REGARDS
SARANTIES INTERNATIONALES / D.PREU
une - Message Trailer -
(CHK: 18565F002FF6)
PRI Signature: MAC-zquivalentZemen ZEMEN BANK S.C
a
BANK Inter-Departmental Memo
Date: 12 August 2019
To: Michael Tsegaye
A/ Director — CIB
From: Biniyam Abraham A004
Director: International Banking Department
Subject: Foreign Guarantee for f flet Malt Ethiopia S.!
This refers to Credit Lyonnais Limited Liability Company’s guarantee Ref. 19CL.1247 for USD
4,234,914.00 issued in our favor to be used as collateral for the Term Loan (ETB
105,000,000.00) which will be granted to Soufflet Malt Ethiopia S.C.
We confirm the attached SWIFT is original and authenticated and the contents are also
acceptable and strictly advise you to lodge your claims, if any, to our department 15 (Fifteen)
days before the expiry date of the guarantee.