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REP52229
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REP52229
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Entry Properties
Last modified
8/25/2016 12:56:50 AM
Creation date
11/27/2007 1:17:28 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1994114
IBM Index Class Name
Report
Doc Date
11/18/1997
Doc Name
ADMINISTRATIVE RECORD
Media Type
D
Archive
No
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rules and procedures. See Rule 4.7(2j. [An automatic renewal <br />and/or 90 day notice is no longer a practice of banks for <br />their letters of credit; see Sec. 59-32-9 NMSA 1978 (1980 <br />Supplement), and Uniform Customs and Practices for Documentary <br />Credits (1983 Revised) International Chamber of Commerce, <br />Publication No. 400.] Your standard "Financial Warranty <br />Letter of Credit" form does NOT have the Bank giving an <br />automatic renewal or any 90 day notice -- therefore, this DMG <br />form does NOT comply with the Rules. This DMG form as an <br />undefined person - the "Warrantor" - giving a 90 day notice, <br />not the "Bank" and not the "operator" (see pg. 2). This DMG <br />form states "The Bank is not a party to this agreement" (see <br />pg. 2). This DMG form recognizes that the Bank's letter of <br />credit will be valid only for a specific length of time (see <br />" .. for the period from _, through _, `" on pg. <br />2). Why is this DMG form contrary to Rule 4.7? Who is the <br />"Warrantor"? Since the Bank is not a party to the DMG form, <br />isn't it correct to assume the "Bank" is NOT the "Warrantor" <br />and the "Bank" is not bound by the 90 day notice requirement <br />in this DMG form? Please show us some examples of banks <br />agreeing to automatic renewal or 90 day notice. <br />Our letter of credit did not need any documentation in the <br />form of a balance sheet demonstrating that it does not exceed <br />10$ of the Bank's capital surplus account (which is about <br />$8,782,000) because that is due only in our annual report. <br />See Rule 4.7(3). Do you agree our annual report is not yet <br />due? <br />Under what circumstances does Rule 1.4.11 apply if not in this <br />situation? <br />As for DMG's inability to find Exh. R, what proof do you have that <br />it was not sent? The facts upon which we agree are that: (1) a <br />Jan. 3, 1995 letter from DMG was sent [saying the last missing item <br />was Exh. R] and (2) then DMG fell silent for 2 and 1/2 years. <br />I believe we can assume one of 3 possibilities: (a) that DMG <br />received Exh. R so no further reminder was necessary, (b) that DMG <br />did not receive Exh. R but decided to ignore this application for <br />2 and 1/2 years, or (3) that DMG received Exh. R and threw it away <br />or lost it, and then decided to ignore this application for 2 and <br />1/2 years. Which one was it? Under any scenario, DMG was not <br />doing its job in processing this application; do you agree? <br />Regardless of whether DMG can find our Exh. R, what is the <br />important issue -- that the recipients received the information or <br />that DMG gets a copy of the green return-receipt card? We have <br />proof that the recipients did get the information, and they did NOT <br />have any objections to ORION PIT as shown by your files, <br />As for your claim that the receipt cards have different numbers, <br />~~is~ <br />
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