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GENERAL36951
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Last modified
8/24/2016 7:57:17 PM
Creation date
11/23/2007 8:56:28 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Date
4/25/1991
Doc Name
VERIFIED MOTIION OF CF&I STEEL CORP FOR ORDER AUTHORIZING FINANCING AGREEMENT WITH COLO
Media Type
D
Archive
No
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Agreement") between Debtor and United Bank. Zn the event OSFII2E <br />obtained payment under the Letter of Credit, IInited Bank could <br />make claim against the Note with ultimate recourse against the <br />certificate of deposit posted as security by Debtor. The Note <br />does not bear interest unless and until a payment is wade under <br />the Letter of Credit. <br />7. Debtor believes its only default under the Soad is <br />its failure to renew the Letter of Credit at least thirty days <br />prior to the expiration of the Letter of Credit, which is one of <br />the terms of the Letter of Credit. The Letter o! Credit expires <br />on December 1, 1990. <br />8. United Bank exercised its right under the Colorado <br />Uniform Commercial Code to wait three banking days before making <br />payment under the Letter of Credit. <br />9. After Debtor consulted with OSMRE, OSI+II2E withdrew its <br />original sight draft presented on IInited Bank but renewed its <br />presentation of necessary documents for payment under the Letter <br />of Credit on Friday, November 2~, 1990. IInited Bank again <br />' invoked its right to vast three banking days before honoring the <br />eight draft. <br />10. Debtor will be immediately and irreparably harmed i! <br />payment is made under the Letter of Credit as lollows: <br />a. Payment under the Letter o! Credit would <br />unnecessarily cause United Bank to obtain s secured claim against <br />Debtor in the amount o! the payment to OSl~II2E, 5822,000. The <br />3 <br />
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