Standby Letter of Credit Term Sheet

Standby Letter of Credit (SBLC) Issuance & Collateral Backing — Short Indicative Term Sheet

Indicative only. Subject to diligence, legal documentation, KYC and AML, sanctions screening, capacity, and issuing or confirming bank approvals. Financely acts as arranger and advisor. We are not a bank and do not issue or confirm SBLCs.

Contract awards stall when counterparties demand standby credit and your bank will not issue without margin. Collateral is tied up, confirmation is required, and wording keeps bouncing between legal teams. Each week lost erodes pricing, delivery windows, and credibility with the beneficiary.

We structure the SBLC end to end. Instrument text is aligned to the underlying contract. Collateral is put under hard controls. If there is a shortfall, we raise collateral support from liquidity providers or arrange receivables and inventory finance so the bank can issue. Where needed, we add a confirming bank to satisfy beneficiary requirements.

  • Issue under ISP98 by default or UCP600 where stipulated by the beneficiary.
  • Add confirmation from a top-tier bank when jurisdiction or counterparty risk requires it.
  • Deploy clear presentment conditions that reduce noise and lower invocation risk.
  • Bridge collateral gaps with controlled funding and intercreditor terms that protect the instrument.
Key Terms
Facility & Parties
  • Instrument: Irrevocable Standby Letter of Credit issued via SWIFT MT760. Pre-advice MT799 if required.
  • Applicant: Operating company with identifiable performance or payment obligations under a contract or tender.
  • Beneficiary: Contract counterparty or project owner as named in the instrument.
  • Issuing Bank: Regulated bank acceptable to the beneficiary.
  • Confirming Bank: Added when required by the beneficiary; commissions are pass-through.
  • Arranger/Advisor: Financely, responsible for structuring, underwriting, capital support, distribution, and closing coordination.
Standards & Wording
  • Rule sets: ISP98 preferred for standbys; UCP600 if mandated by the beneficiary.
  • Jurisdiction and law: As required by the issuing bank and beneficiary; typically New York or English law.
  • Presentment: Advising bank and place of presentation stated in the instrument. Independent undertaking with strictly listed documents.
  • Draft wording aligned to the underlying contract milestones and cure mechanics to minimize disputes.
Types of SBLC
  • Performance SBLC: Secures performance obligations against draw events tied to failure to perform.
  • Advance Payment SBLC (APG): Secures return of advances against non-performance.
  • Bid/Tender SBLC: Secures tender commitments through award.
  • Financial Standby: Secures payment obligations under defined triggers.
Size & Validity
  • Face value: USD 2,000,000 minimum up to USD 150,000,000 per issuance. Larger by syndication or co-risk participation.
  • Validity: 90 to 365 days typical. Up to 18–24 months subject to bank review.
  • Extensions and amendments subject to approvals and prevailing commissions.
Security & Controls (by SBLC type)
  • Performance SBLC: Cash margin and/or assignment of contract receivables; project accounts under control; performance bonds where applicable; step-in rights if required.
  • Advance Payment SBLC: Cash margin, escrow of advances, assignment of receivables, inventory or materials under warehouse or tank control; insurance naming the bank as loss payee.
  • Bid/Tender SBLC: Cash margin or marketable securities held in custody; short validity; simple control agreements.
  • Financial Standby: Cash margin, pledged deposits, or high-grade securities; receivables assignment with lockbox; cross-default and negative pledge undertakings.
  • Controls common to all: Pledge and assignment, account control agreements, perfection filings, trustee or escrow arrangements, intercreditor where capital support is used. No leased or rented SBLCs.
Borrower Covenants
  • Financial: Minimum unrestricted cash and equivalents to be agreed; Net leverage and interest cover thresholds tailored to the applicant profile where applicable to the collateral-backed portion.
  • Information: Monthly management accounts, quarterly financials, annual audited statements; contract registers; AR aging; inventory reports; evidence of milestones.
  • Negative: No liens on pledged assets other than permitted liens; no disposals of pledged collateral; no additional indebtedness that impairs collateral; no change of control without consent.
  • Positive: Maintain insurances with loss payee endorsements; maintain accounts under agreed control; comply with contracts, sanctions, anti-corruption, and AML laws; timely payment of taxes.
  • Defaults: Non-payment, breach of covenants, misrepresentation, cross default, insolvency, invalidity of security, unlawful acts, or sanctions breaches.
Collateral Requirements & Margin
  • Cash margin and/or eligible collateral acceptable to the issuing bank or trustee SPV.
  • Eligible collateral: cash, assigned receivables with lockbox, inventory under control, investment-grade securities in custody, standby guarantees from acceptable counterparties.
  • Margin level set by bank underwriting based on applicant risk, instrument wording, jurisdiction, and validity.
  • If short, Financely introduces a liquidity provider or arranges receivables and inventory funding to bridge the gap, subject to intercreditor terms.
Pricing & Bank Charges
  • Issuance and confirmation commissions are quoted by banks case by case and are typically per-annum, pro-rated for validity.
  • Advising, SWIFT, amendment, and confirmation fees are pass-through.
  • Custody, escrow, trustee, legal, field exam, and filing costs are for the client account.
Capital Raising Support
  • Receivables finance with assignment and controlled collection accounts.
  • Inventory finance under warehouse or tank control with insurance endorsements.
  • Private credit bridge secured on contracts and proceeds.
  • Equity top-up into escrow to meet cash margin requirements.
  • Liquidity provider onboarding to supply cash margin subject to economics and controls.
Conditions to Close
  • KYC and sanctions clearance on applicant, UBOs, and relevant counterparties.
  • Review of underlying contracts and beneficiary requirements; corporate approvals.
  • Security perfected; escrow and account control agreements executed.
  • Final instrument wording signed off by beneficiary and banks.
Advisor Fees & Retainer
  • Retainer for structuring, underwriting, and due diligence: USD 50,000 to 100,000 based on face value and complexity. Payable at mandate. Non-refundable.
  • Arranger fee on SBLC issuance arranged through our network: 1.0% to 2.0% of face value, payable at issuance.
  • Capital raising success fee: 2.5% of funded proceeds where collateral support is raised.
  • Third-party costs for client account. Taxes extra.
Closing Procedure & Indicative Timeline
  • Day 1–3: Intake, KYC, sanctions screening, beneficiary requirements, initial bank soundings.
  • Day 4–10: Indicative issuance and confirmation quotes; collateral term sheet; draft wording outline tied to contract triggers.
  • Week 3: Mandate executed and retainer paid; data room diligence; escrow, pledge, and account control drafts; intercreditor terms if capital support is used.
  • Week 4–5: Final instrument text agreed; collateral perfected; corporate approvals completed.
  • Week 5–6: SWIFT MT760 issuance; confirmation added if required; advising bank acknowledgement. Amendments or extensions handled on request.

Timeline varies with document readiness, collateral controls, and bank compliance queues.

FAQ

Which standards are used, ISP98 or UCP600?

  • ISP98 is standard for standbys. UCP600 is used if mandated by the beneficiary. We align text accordingly.

Can the SBLC be confirmed by a second bank?

  • Yes. We arrange confirmation when jurisdiction or beneficiary risk requires it. Commissions are set by the confirming bank.

What collateral will the bank require?

  • Cash margin and eligible collateral under control agreements. Margin depends on risk, wording, jurisdiction, and validity.

We lack full collateral. Can you bridge the gap?

  • Yes. We introduce liquidity providers or arrange receivables and inventory finance under intercreditor terms that preserve the SBLC position.

How fast can issuance happen?

  • Indicative quotes in 5–10 business days from a complete pack. Closings in 20–30 business days are common, subject to collateral perfection and approvals.

Do you offer SBLC leasing?

  • No. We only work with issued SBLCs from regulated banks against cleared collateral and credit approval.

What documents should we prepare for the first review?

  • Corporate KYC, UBO details, last two years financials and latest management accounts, contract summary and draft instrument requirements, AR aging, inventory by site, and insurance details.

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