EX-4.3 5 dex43.htm NOTICE OF GUARANTEED DELIVERY Notice of Guaranteed Delivery

Exhibit 4.3

 

FORM OF

NOTICE OF GUARANTEED DELIVERY FOR SHARES OF

COMMON STOCK OF BANCO LATINOAMERICANO DE EXPORTACIONES, S.A.

SUBSCRIBED FOR PURSUANT TO THE PRIMARY SUBSCRIPTION

AND THE OVER-SUBSCRIPTION PRIVILEGE

 

Banco Latinoamericano de Exportaciones, S.A. Rights Offering

 

As set forth in Banco Latinoamericano de Exportaciones, S.A.’s (the “Company’s”) prospectus dated                     , 2003 (the “Prospectus”) under “The Offer—Payment for Shares,” this form or one substantially equivalent hereto may be used as a means of effecting subscription and payment for all shares of the Company’s common stock subscribed for by exercise of Rights pursuant to the Primary Subscription and the Over-Subscription Privilege. Such form may be delivered by hand or sent by facsimile transmission, overnight courier or mail to The Bank of New York, the Subscription Agent, and must be received prior to 5:00 p.m., New York City time, on                     , 2003 (the “Expiration Date”).* The terms and conditions of the Offer set forth in the Prospectus are incorporated by reference herein. Capitalized terms not defined herein have the meanings attributed to them in the Prospectus.

 

The Subscription Agent is:

THE BANK OF NEW YORK

 

By Mail:

 

By Overnight Courier or By Hand:

The Bank of New York

Reorganization Services

P.O. Box 11248

Church Street Station

New York, NY 10286-1248

 

The Bank of New York

Reorganization Services

101 Barclay Street

Receive and Deliver Window, Street Level

New York, NY 10286

 

For Notice of Guaranteed Delivery

By Facsimile Transmission

(212) 815-6433

 

To Confirm Facsimile Transmission Only:

(212) 815-6212

 

DELIVERY OF THIS INSTRUMENT TO AN ADDRESS, OR TRANSMISSION OF

INSTRUCTIONS VIA A TELECOPY OR FACSIMILE NUMBER, OTHER THAN AS

SET FORTH ABOVE, DOES NOT CONSTITUTE A VALID DELIVERY

 

The New York Stock Exchange member firm, or bank or trust company or financial institution which completes this form, must communicate the guarantee and the number of shares subscribed for under both the Primary Subscription and the Over-Subscription Privilege to The Bank of New York and must deliver this Notice of Guaranteed Delivery guaranteeing delivery of (i) payment in full for all


*   Unless extended by the Company.


subscribed shares and (ii) a properly completed and executed Subscription Certificate to The Bank of New York prior to 5:00 p.m., New York City time, on the Expiration Date.* The Subscription Certificate and full payment must then be delivered by the close of business on the third business day after The Expiration Date* to the Bank of New York. Failure to do so will result in a forfeiture of the Rights.

 

(Continued on the other side)

 

GUARANTEE

 

The undersigned, a member firm of the New York Stock Exchange, or a bank or trust company or financial institution, guarantees delivery to The Bank of New York by the close of business (5:00 p.m., New York City time) on the third business day (                    , 2003) after the Expiration Date (                    , 2003, unless extended) of (i) a properly completed and executed Subscription Certificate and (ii) payment of the full Estimated Subscription Price for shares subscribed for in the Primary Subscription and pursuant to the Over-Subscription Privilege, if applicable, as such subscription for such shares is indicated herein or in the Subscription Certificate.

 

1. Primary Subscription

  

Number of Rights to be exercised

  

Number of Shares requested in Primary Subscription for which you are guaranteeing delivery of an Subscription Certificate and payment

  

Payment to be made in connection with Shares in Primary Subscription

    

                     Rights

  

                     Shares

  

$                                     

2. Over-Subscription

       

Number of Shares requested through the Over-Subscription Privilege for which you are guaranteeing payment

  

Payment to be made in connection with Shares through the Over-Subscription Privilege

         

                     Shares

  

$                                     

3. Totals

  

Total Number of Shares requested

         
    

                     Shares
    

       

$                                     

  Total Payment

Method of Delivery of Payment (circle one)

  

A. Through The Depository Trust Company (“DTC”)

B. Direct to The Bank of New York


             

   

Name of Firm

         

Authorized Signature

             

   

Address

         

Title

             

   

Zip Code

         

Name (Please Type or Print)

             

       

Name of Registered Holder (If Applicable)

           
             

   

Telephone Number

         

Date