SunTrust Exhibit 10.190
Foreign Exchange Contract Confirmation
Foreign Exchange Operations Telephone: (404) 588-8121
Mail Code 1978 Fax: (404) 588-7094
P.O. Box 4418 SWIFT: SNTRUS3A
Atlanta, GA 30303
- --------------------------------------------------------------------------------
CATALIAN LIGHTING INC. 31 May 2000
18191 NW 68th AVENUE
MIAMI, FL 33015
We confirm the following new foreign exchange transaction, our reference number
1123514. On 31 May 2000, we sold to you GBP 12,565,567.26 for value 22 Aug 2000
against USD 18,972,750.01 at an exchange rate of 1.50990000. This deal has a
beginning option date of 03 Jul 2000. The deal was done via DIRECT.
We are waiting your instructions for payment of GBP 12,565,567.26 to Catalina
International PLC. We will send you our receipt instructions for your payment of
USD 18,972,750.01 at a later date.
Sincerely
Computer Generated Advice. No Signature Required
On All Forward Contracts Please Sign a copy of this on the line below confirming
your agreement with the above detailed Transaction and mail to the above
address.
/s/ Thomas M. Bluth
- ---------------------
Senior Vice President
- --------------------------------------------------------------------------------
Terms and Conditions
The transaction recorded on the face hereof evidences and confirms an
agreement of SunTrust Bank, Atlanta, (hereafter referred to as the Bank) to
purchase from or sell to another party foreign exchange in the amounts and at
the sales and times shown on the face hereof.
In consummating this transaction, the Bank may use one or more branches,
correspondents, agencies or other instrumentalities (hereafter referred to as
Agents).
Neither The Bank nor its Agents shall be liable for any loss, cost, damage or
expense arising from or in connection with: the insolvency, neglect, misconduct,
mistake, delay or default of another bank or person; delay in, failure of or
other errors in mails, cables, telexes, telegraphs or wireless transmission of
messages, actions or inactions of any government agency, whether de jure or de
facio, war, revolution, civil disturbance or governmental restrictions; force
majeure; or any other cause beyond their reasonable control.
In any event, any loss due to fluctuation in the rate of exchange or in
impairment or destruction of the foreign currency in question is assumed solely
by the other party and not the bank. If for any reason this transaction is not
finally consummated, the Bank shall not be obligated to refund any monies
supplied by the other party until the Bank has received evidence acceptable to
it that the transaction has been satisfactorily terminated as to all parties,
including the replacement of all funds transferred by it to effect the
transaction. Any refund shall be less all charges and expenses incurred by the
Bank or its Agents in connection with the transaction.
In determining any exchange conversion rate for refund or other purposes, the
prevailing spot rate in New York City at the time in question may be used if
ascertainable, otherwise the spot rate of the bank affecting the conversion may
be used.
- --------------------------------------------------------------------------------