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§12A-5-102.
§12A-5-102.
Definitions.
(a) In this article:
(1) "Adviser" means a person who, at the request of the issuer, a
confirmer, or another adviser, notifies or requests another adviser to
notify the beneficiary that a letter of credit has been issued,
confirmed, or amended;
(2) "Applicant" means a person at whose request or for whose account a
letter of credit is issued. The term includes a person who requests an
issuer to issue a letter of credit on behalf of another if the person
making the request undertakes an obligation to reimburse the issuer;
(3) "Beneficiary" means a person who under the terms of a letter of
credit is entitled to have its complying presentation honored. The
term includes a person to whom drawing rights have been transferred
under a transferable letter of credit;
(4) "Confirmer" means a nominated person who undertakes, at the
request or with the consent of the issuer, to honor a presentation
under a letter of credit issued by another;
(5) "Dishonor" of a letter of credit means failure timely to honor or
to take an interim action, such as acceptance of a draft, that may be
required by the letter of credit;
(6) "Document" means a draft or other demand, document of title,
investment security, certificate, invoice, or other record, statement,
or representation of fact, law, right, or opinion:
(i) which is presented in a written or other medium permitted by the
letter of credit or, unless prohibited by the letter of credit, by the
standard practice referred to in subsection (e) of Section 5-108 of
this title; and
(ii) which is capable of being examined for compliance with the terms
and conditions of the letter of credit.
A document may not be oral;
(7) "Good faith" means honesty in fact in the conduct or transaction
concerned;
(8) "Honor" of a letter of credit means performance of the issuer's
undertaking in the letter of credit to pay or deliver an item of
value. Unless the letter of credit otherwise provides, "honor" occurs:
(i) upon payment;
(ii) if the letter of credit provides for acceptance, upon acceptance
of a draft and, at maturity, its payment; or
(iii) if the letter of credit provides for incurring a deferred
obligation, upon incurring the obligation and, at maturity, its
performance;
(9) "Issuer" means a bank or other person that issues a letter of
credit, but does not include an individual who makes an engagement for
personal, family, or household purposes;
(10) "Letter of credit" means a definite undertaking that satisfies
the requirements of Section 5-104 of this title by an issuer to a
beneficiary at the request or for the account of an applicant or, in
the case of a financial institution, to itself or for its own account,
to honor a documentary presentation by payment or delivery of an item
of value;
(11) "Nominated person" means a person whom the issuer:
(i) designates or authorizes to pay, accept, negotiate, or otherwise
give value under a letter of credit; and
(ii) undertakes by agreement or custom and practice to reimburse;
(12) "Presentation" means delivery of a document to an issuer or
nominated person for honor or giving of value under a letter of
credit;
(13) "Presenter" means a person making a presentation as or on behalf
of a beneficiary or nominated person;
(14) "Record" means information that is inscribed on a tangible
medium, or that is stored in an electronic or other medium and is
retrievable in perceivable form; and
(15) "Successor of a beneficiary" means a person who succeeds to
substantially all of the rights of a beneficiary by operation of law,
including a corporation with or into which the beneficiary has been
merged or consolidated, an administrator, executor, personal
representative, trustee in bankruptcy, debtor in possession,
liquidator, and receiver.
(b) Definitions in other articles of this title applying to this
article and the sections in which they appear are:
"Accept or "Acceptance" Section 3-409.
"Value" Sections 3-303 and 4-2ll.
(c) Article 1 of this title contains certain additional general
definitions and principles of construction and interpretation
applicable throughout this article.
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