(810 ILCS 5/5-102) (from Ch. 26, par. 5-102)
Sec. 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 Section 5-108(e) 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 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
|
|
(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.
|
|
(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 applying to this Article and the
Sections in which they appear are:
"Accept" or "Acceptance" Section 3-409
"Value" Sections 3-303, 4-211
(c) Article 1 contains certain additional general definitions and
principles of construction and interpretation applicable throughout this
Article.
(Source: P.A. 89-534, eff. 1-1-97.)
|