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Note: To supply coal to a customer, AMCI (Export) Corp. (Broker) exchanged communications with Adami Exports Limited (Purchaser). Purchaser sued Beneficiary for breach of contract and sought rulings prior to trial on various issues including whether Broker could argue that there was no binding contract because Purchaser failed to fulfill a condition precedent by not posting a commercial letter of credit. The US District Court for the Western District of Pennsylvania, McVerry, J., granted the motion but noted that it did not prevent Broker from presenting evidence or arguing that Purchaser failed to provide an LC, noting that the significance of this fact was a matter for the jury.

The term required purchaser "to post a Letter of credit opened through a first class / prime bank".

[JEB]

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