(2) Except as provided in this section, a draft submitted by a beneficiary under this section need not be in any particular form. The draft must be dated, must be for a specific sum of money and must contain the following language:
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Pay to the order of the undersigned beneficiary the amount of this draft. The undersigned beneficiary hereby certifies that there is now an appellate judgment in this case pursuant to which the amount of the draft stated above is now due and owing to the beneficiary from the party on whose behalf the letter of credit was issued.
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(3) In addition to the requirements of subsection (2) of this section, the following items must be attached to a draft submitted by a beneficiary under this section:
(a) The original letter of credit under which the draft is drawn.
(b) A copy of the appellate judgment certified by the State Court Administrator that shows the amount that the beneficiary is entitled to recover under the letter of credit.
(4) If the issuing bank of a letter of credit does not honor a letter of credit, on motion of the beneficiary the trial court shall enter judgment against the issuing bank unless the bank establishes that the bank is not required under the law to honor the letter of credit. [1997 c.172 §4; 1999 c.367 §10]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 19.205 - Appealable judgments and orders.
Section 19.235 - Jurisdiction for determining whether decision is appealable.
Section 19.240 - How appeal to Court of Appeals taken.
Section 19.250 - Contents of notice of appeal.
Section 19.255 - Time for service and filing of notice of appeal.
Section 19.260 - Filing by mail or delivery.
Section 19.275 - Continuing jurisdiction of trial court in certain domestic relations cases.
Section 19.300 - Undertakings on appeal generally; filing and service.
Section 19.305 - Qualifications of sureties; objections.
Section 19.310 - Waiver, reduction or limitation of undertaking.
Section 19.312 - Supersedeas undertaking in certain actions against tobacco product manufacturer.
Section 19.315 - Requirements for use of letter of credit.
Section 19.320 - Expiration and renewal of letter of credit.
Section 19.325 - Payment on letter of credit.
Section 19.335 - Stay by filing of supersedeas undertaking.
Section 19.340 - Waiver of supersedeas undertaking; sale of perishables.
Section 19.350 - Discretionary stay by court.
Section 19.355 - Stay of domestic relations judgment.
Section 19.360 - Appellate review of trial court orders relating to undertakings and stays.
Section 19.365 - Preparation and transmission of record generally.
Section 19.375 - Cost of transcript.
Section 19.405 - Certification of appeal to Supreme Court.
Section 19.410 - Stipulated dismissals; settlement; effect of settlement on pending appeal.
Section 19.415 - Scope of appellate review.
Section 19.440 - Award of attorney fees authorized by statute.