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Letter of Credit Engagements Email Letters of Credit Engagements—Transactions, Forms, Litigation, [email protected] and Other Disputes Web Site www.mosessinger.com Transactions and Forms Banking and Finance Represented money center banks as agent and issuing bank on syndicated loan Michael Evan Avidon and letter of credit facilities for various borrowers, including U.S. and international Viktoria Dallendorfer* real estate opportunity funds, international distressed debt funds, private equity Steven J. Glaser funds, an automobile distributor, U.S. and foreign manufacturers, real estate Albert P. Pacelli investment trusts, and others. Paul M. Roder Represented U.S. banks and New York branches of major foreign banks as Howard L. Siegel issuers of letters of credit supporting project finance, industrial development Thomas Volet bonds, insurance obligations of U.S. and foreign insurers and reinsurers, installment sales of timber and land, commercial paper programs, adverse Litigation and Insolvency judgments, and other underlying obligations. Shari Alexander Represented various U.S. banks, New York branches of major foreign banks, and Alan Kolod large pension funds in connection with dozens of transactions involving the Lawrence L. Ginsburg issuance of letters of credit and/or standby bond purchase agreements David Lackowitz supporting tax-exempt variable rate demand bonds issued by state, municipal, Mark N. Parry and private tax-exempt entities. David Rabinowitz Represented global commercial bank in connection with the provision of white- Philippe A. Zimmerman label letter of credit and collection operations services to a U.S. national bank subsidiary of a global bank holding company. *Of Counsel Represented global commercial bank in connection with the provision of white- label letter of credit and collection operations services to a U.S. national bank. Revised forms of letters of credit, reimbursement agreements, applications, requests for transfers and assignment of proceeds, commitments to purchase, and discounting agreements for U.S. and foreign banks as well as corporations, including for letters of credit under ISP98 or the UCP, demand guarantees under the URDG, reimbursement undertakings under the URR, and bank payment obligations (BPOs) under the URBPO. Represented foreign bank that issued letter of credit as residual credit enhancement in connection with synthetic lease financing of major office building. Represented money center bank that issued a unique standby letter of credit available in a different amount each day, where the available amount could range from $1,000,000,000 to just $1. Represented foreign bank from emerging country in note purchase agreement with major commodities firm where firm could repay its note obligations, on a dollar-for-dollar basis, with debt obligations of the bank in the event of a default by the bank, all in connection with the Commodity Credit Corporation’s Export Credit Guarantee Program and commercial letters of credit issued for the commodities firm. THE CHRYSLER BUILDING 405 LEXINGTON AVENUE NEW YORK, NY 10174-1299 TEL: 212.554.7800 WWW.MOSESSINGER.COM Represented foreign export development agency as beneficiary of several standby letters of credit for different projects. Represented money center bank as agent on syndicated standby letter of credit facility to support obligations incurred in connection with mergers of commodity exchanges. Represented money center bank that issued letters of credit for one commodities exchange in connection with its acquisition of another exchange. Advised money center bank that confirmed a substantial trade letter of credit in obtaining releases from beneficiary, negotiating bank, issuer and adviser. Represented money center bank in revising its 70+ page brochure describing its letter of credit services. Represented money center banks that issued standby letters of credit to support office building leases, construction projects, and mortgage financings. Represented agent bank in multi-billion dollar commitment for major clearing corporations, the collateral for which included letter-of-credit rights under revised Articles 5 and 9 of the UCC. Represented importers and exporters in connection with commercial and standby letters of credit. Represented landlords and tenants in connection with standby letters of credit serving as tenant security deposits. Represented health insurance company as beneficiary of standby letters of credit supporting various payment obligations. Represented money center bank in obtaining credit insurance and other support for reimbursement obligations. Litigation and Other Disputes Represented leading trade association of banks as successful amicus curiae in appellate case involving enforceability of international choice of law and forum clauses in dispute between confirming and issuing banks. Represented issuing bank in successfully dishonoring drawing where beneficiary failed to present originals (rather than copies) of the letter of credit and its amendments as required by the express terms of the credit. Obtained summary judgment dismissing wrongful dishonor claim by letter of credit beneficiary where issuer argued documents appeared inconsistent on their face but beneficiary alleged that documents complied and that issuer should be precluded from asserting discrepancies because it took too long to dishonor and failed to state that it was holding the documents at the presenter’s disposal. Represented major California corporation in successful wrongful dishonor suit against major foreign bank where issuer claimed non-renewal of evergreen letter of credit and fraud. The U.S. Court of Appeals for the Second Circuit affirmed summary judgment for our client. Acted as letter of credit counsel and litigation co-counsel for bank that successfully dishonored fraudulent drawing where amount sought had already been paid outside the letter of credit. Represented various banks in successfully resisting attempts to enjoin payment of letters of credit and related accepted drafts, deferred payment undertakings, and reimbursement undertakings. 2 Represented confirming bank in obtaining dismissal of suit by applicant for wrongful honor, negligence, breach of fiduciary duty, and other claims, asserted directly and via subrogation to the issuing bank’s rights. Represented money center bank seeking recovery from third parties, including by way of subrogation, where a party that agreed to reimburse the bank filed for bankruptcy. Represented issuing bank that was the target of legal actions in the U.S. and a foreign country seeking contradictory relief in obtaining an order in New York staying the case until the applicant and the beneficiary had completed an arbitration determining whether the drawing was fraudulent and thereby avoided potentially contradictory orders to the bank in different jurisdictions. Represented money center bank and affiliate in defending claims for wrongful honor, fraud, aiding and abetting fraud, and conversion brought by applicant and his alleged principal. In a related, prior case, represented same money center bank in appeal to New York’s highest court in case concerning the standing of the alleged undisclosed principal of the applicant to sue the issuing bank for wrongful honor and fraud. Represented large foreign bank in wrongful dishonor suit on basis of inconsistency of documents and alleged material fraud by beneficiary. Advised New York office of an international bank in negotiating standstill and tolling agreements with other international banks to forestall litigation arising out of letter of credit disputes. Represented national bank sued for wrongful dishonor of commercial letters of credit issued for clothing importer that filed for bankruptcy. Acted as special letter of credit counsel to large foreign corporation in international standby letter of credit dispute involving claims of fraud. Advised large U.S. manufacturer concerning possible claims against letter of credit issuers, advisers, and confirmers as well as freight forwarders and carriers. Advised money center bank that honored its confirmation in reimbursement dispute with issuer. Represented money center bank in litigation to obtain collateral for contingent letter of credit reimbursement obligation. Represented branch of confirming bank in dispute between beneficiary and applicant, including obtaining an ex parte order tolling the time to cure a discrepant presentation. Prior results do not guarantee a similar outcome. 3 .
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