Lessee Letterrpad
Transaction Code:
Lessor Code:
Letter of Intent (LOI)
DEED OF AGREEMENT (DOA)
(SOME SORT OF SUPPORTING OR RECOMMENDATION LETTER IS REQUIRED FROM CLIENT BANK ASSURING
ISSUANCE OF SOME COLLATERAL OF PN OR ICBPO OR BLOCKFUNDS MT799 FOR PAYMENT OF BG COST AFTER
RECEIPT OF MT760 BG/SBLC. NO LOI WILL BE ACCEPTABLE WITHOUT A BANK SUPPORTING LETTER OR BCL OR
BANK BALANCE STATEMENT.)
The Provider
Address
Company Reg No
Represented by
ID Number
Nationality
Telephone No
Provider’sEmail
:
:
:
:
:
:
:
:
( Hereinafter to the 'Lessor' on one part)
And
The Lessee
:
Address
:
Represented by
:
Nationality
:
Passport #
:
Telephone
:
(Hereinafter to the 'Lessee' on the other part)
WHEREAS. The Lessee desires to Lease Bank Instrument (BG/SBLC) from the Lessor.
Lessee confirms with full corporate and legal responsibility that funds available to fulfill the
requirements for the Lease of this instrument is ready and Lessee further confirm to
cooperate with the Lessor.
WHEREAS. The Lessor desires to Lease, transfer and assign all rights title and interest of
the BG/SBLC available to it to the Lessee. Lessor represents and warrants that it has the
ability and resource to arrange through associates, contracts and sources, with full
corporate responsibility, financial instrument in the term of assignments to be provided to
Lessee. Lessor hereby declares under penalty of perjury that the BG/SBLC will be
backed by funds that are good, clean, clear, and free of non criminal origin, the BG/SBLC
will be free and clear of all liens, encumbrances and third party interests.
NOW THEREFORE, The Lessee has agreed to Lease the BG/SBLC at 12% of Face
Value for the instrument requested and Lessor has agreed to issue BG/SBLC for
Lease and both Parties hereby agree to the following:
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Description of Instrument:
1. Instrument: BG, SBLC, FRESH CUT (FC), 100% CASH-BACKED, ON ICC
STANDARD FORMAT LIKE ICC458 OR ICC758 OR ICC600
2 (A). Minimum Face Value: : 10 Million to xxxxxxxx in First Tranche with a BlockFunds
MT799 or ICBPO required AND up to 50 Billion USD/Euro in Tranches of 500 Million
USD/Euro each.
2. (B). Total Contract Amo XXXXXXXX Million Euro/Dollar; Euro/$X,000,000,000
Current Contract Amout: XXXXXXXX Million Euro/Dollar; Euro/$X,000,000,000
1st Trnache: XXXXXXXX Million Euro/Dollar; Euro/$xxx,000,000,
2nd Tranche: xxxxxxxx Million Euro/Dollar; Euro/$xxxx,000,000,
2 (C). Beneficiary:
3. Issuing Banks: Credit Suisse, Geneva, Barclays Bank, London, HSBC Bank,
Germany, London, Duetsch Bank, Zurich, and JP MORGAN CHASE BANK, LONDON;
(Please choose any one of these 5 Banks, if necessary. Otherwise, we will choose for you.)
4. Age: One Year and One Day
5. Leasing Price: 9% + 3% commission, making it 12% of the BG Face Value
6. Delivery: {Bank-To-Bank Swift}
7. Payment: MT103
8. Hard Copy: Bonded Courier Service {within three banking days}
TRANSACTION PROCEDURES
1)
(A) LESSEE SUBMITS TO LESSOR THIS SIGNED AGREEMENT, TOGETHER WITH CLIENT
INFORMATION SHEET, CORPORATE BOARD RESOLUTION, NON-SOLICITATION LETTER,
SIGNATORY'S PASSPORT COPY, CORPORATE REGISTRATION AND THE IRREVOCABLE
MASTER FEE PROTECTION AGREEMENT.
(B) LESSEE PROVIDES HIS BANK RWA LETTER APPROVING VERBIAGE OF OUR SWIFT
MT-799 (AS PER “APPENDIX A” TO LESSOR’S DESIGNATED RECEIVING BANK.
2)
AFTER COMPLETING DUE DILIGENCE, LESSOR COUNTERSIGNS THIS AGREEMENT AND IT
THUS BECOMES A FULL RECOURSE COMMERCIAL CONTRACT AND RETURNS IT TO
LESSEE, ALONG WITH LESSOR’S FULL BANKING COORDINATES.
3)
WITHIN THREE (3) BANKING DAYS AFTER SIGNING AND LODGING OF THIS AGREEMENT,
LESSEE SHALL ISSUE BLOCKED FUND OR ICBPO VIA SWIFT MT-799 (AS PER "APPENDIX
A") OR MT103.23 TO LESSOR’S DESIGNATED RECEIVING BANK.
4)
(A) WITHIN THREE (3) BANKING DAYS AFTER RECEIPT AND CONFIRMATION OF THE
BLOCKED FUND VIA MT-799 OR ICBPO OR MT103.23, LESSOR SHALL ISSUE A PRE-ADVICE
VIA SWIFT MT-799 (AS PER "APPENDIX B").
(B) IN CASE LESSEE WANTS BANK TO BANK CONFIRMATION ABOUT ISSUANCE OF MT799
PRE-ADVICE, HIS BANK CAN SEND MT199 TO PROVIDER BANK FOR SUCH
CONFIRMATION. PROVIDER BANK WILL REPLY BY MT199 THAT IF MT799 BLOCKFUNDS
OR ICBPO OR PROMISSORY NOTE IS RECEIVED FROM LESSEE BANK, MT799 PRE-ADVICE
WILL BE SENT IN REPLY TO ICBPO OR BLOCKFUNDS MT799 OR PN.
©CLIET VERIAGES OF MT700 BLOCKFUNDS OR ICBPO OR PROMISSORY NOTE ARE NOT
ACCEPTABLE. ONLY OUR VERBIAGES AS GIVEN IN IN VARIOUS APPENDICES OF THIS DOA
WILL BE ACCEPTABLE.
(D) ALL THESE PAYMENT DOCUMENTS, ICBPO, BLOCKFUND POF, PROMISSORY NOTE
HAVE TO BE SENT BY MT799 FOR 60 OR 90 DAYS VALIDITY, BUT VALIDITY WILL
AUTOMATICALLY EXPIRE AT THE COMPLETION OF THE TRANSACTION, I.E. BY THE
PAYMENT OF THE BG/SBLC COST PAYMENT. MOREOVER, THEY WILL ALL EXPIRE
AUTOMATICALLY IF MT799 PRE-ADVICE BY THE ISSUING BANK IS NOT SENT WITHIN 7 OR
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10 BANKING DAYS.
5)
WITHIN THREE (3) BANKING DAYS OF RECEIPT OF THE CONFIRMATION OF THE ABOVE
MT-799 PRE-ADVICE, LESSOR’S ISSUING BANK THEN ISSUES THE BANK GUARANTEE (BG)
VIA SWIFT MT-760 (AS PER "APPENDIX C") TO LESSEE’S DESIGNATED BANK RECEIVING
ACCOUNT. LESSOR SHALL PROVIDE A SCANNED COLOR COPY OF SAID MT-760 TO
LESSEE’S EMAIL ADDRESS FOR TRACING.
6)
WITHIN FIVE (5) BANKING DAYS AFTER CONFIRMATION OF THE ABOVE MT-760 BANK
GUARANTEE (BG), LESSEE'S PAYING BANK SHALL RELEASE THE AGREED FUNDS TO
LESSOR’S DESIGNATED BANK ACCOUNT, AND SIMULTANEOUSLY LESSEE PAYS DIRECTLY
WIRE TRANSFER THROUGH THE RELEASE FUND OF MT-103 WITH THE CONSULTING FEES
PER EACH FINANCING TO THE CONSULTANTS AS PER THE RELEVANT IRREVOCABLE
MASTER FEE PROTECTION AGREEMENT.
7)
WITHIN SEVEN (7) BANKING DAYS OF RECEIPT OF AGREED PAYMENTS, LESSOR’S BANK
SHALL SEND THE BG HARD COPY ORIGINAL TO LESSEE’S DESIGNATED BANK RECEIVING
ACCOUNT BY BANK BONDED COURIER.
8)
ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN
IMPROPER SOLICITATION OR DISCLOSURE INVOLVING ANY OF THE BANKS CONCERNED
IN THIS TRANSACTION WILL RESULT IN IMMEDIATE CANCELLATION OF
THIS TRANSACTION AND SUBJECT THE VIOLATING PARTY TO DAMAGES.
BANKING INFORMATION
LESSOR'S BANKING COORDINATES:
(1) PARTY A’S ISSUING BANK COORDINATES FOR SENDING MT-799 PRE-ADVICE, MT-760 BG
AND HARD COPY OF BG
BANK NAME
BANK ADDRESS
ACCOUNT NUMBER
ACCOUNT NAME
SWIFT CODE
BANK OFFICER
BANK TELEPHONE
BANK FAX
BANKER’S E-MAIL
(2) LESSOR’S PAYMENT RECEIVING BANK COORDINATES FOR RECEIVING POF AND 12%
PAYMENT
BENEFICIARY
BANK NAME
BANK ADDRESS
ACCOUNT NUMBER
ACCOUNT NAME
ABA ROUTING
SWIFT CODE
LESSOR’s initials:
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Lessor Code:
BANK OFFICER
BANK TELEPHONE
BANK FAX
BANKER’S E-MAIL
SPECIAL
INSTRUCTIONS:
REQUIRED MESSAGE:
UPON RECEIPT OF FUNDS, PAYMASTER TO SEND NOTIFICATION BY
EMAIL TO THE DESIGNATED BENEFICIARIES IN GROUP #1 AT AND,
RESPECTIVELY.
ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN
AND CLEAR, OF NON-CRIMINAL ORIGIN, AND ARE IMMEDIATELY
PAYABLE IN CASH”
LESSEE BANKING COORDINATE TO ISSUE BLOCKFUNDS MT799 OR ICBPO OR
MT103.23 AND MAKE ALL PAYMENTS:
BANK NAME:
BANK ADDRESS:
SWIFT:
ACCOUNT NO:
ACCOUNT NAME:
BANK OFFICER:
TELEPHONE:
FAX:
LESSEE BANKING COORDINATE TO RECEIVE PRE-ADVICE VIA MT 799
FOLLOWED BY MT 760:
BANK NAME:
BANK ADDRESS:
SWIFT:
ACCOUNT NO:
ACCOUNT NAME:
BANK OFFICER:
TELEPHONE:
FAX:
IMPROPER RELEASE OF THE ABOVE BANKING INFORMATION, FOR ANY REASON, WITHOUT THE
WRITTEN PRIOR AUTHORIZATION OF OTHER PARTY, SHALL BE CONSIDERED AS A BREACH OF
CONTRACT AND WILL MAKE A DEFAULTED PARTY TO BE ACTIONABLE FOR DAMAGES
SUSTAINED HEREBY. EACH PARTY IS NOT ALLOWED TO CONTACT THE OTHER PARTY'S BANK
WITHOUT EXPRESSED WRITTEN PERMISSION. ANY LESSOR ATTEMPTING TO DO SO WILL LEAD
TO CANCELLATION OF THIS FINANCING AGREEMENT.
SPECIAL CONDITIONS
ANY UNAUTHORIZED CALLS BY ANY PARTY OR ITS REPRESENTATIVE LAWYERS TO PROBE OR
COMMUNICATION IN AN IMPROPER WAY TO LESSOR’S OR LESSEE’S BANK(S) IN THIS
FINANCING SHALL BE PROHIBITTED AND CONTRACT TERMINATED.
MULTIPLE BANKS AND ACCOUNTS MAY BE USED BY LESSOR AND LESSEE TO FACILITATE
EXHAUSTION OF THE CONTRACT. LESSOR AND LESSEE MAY CHANGE OR ADD THEIR BANKS BY
PROVIDING WRITTEN NOTICE WITHIN TWENTY-FOUR (24) BANKING HOURS TO EACH OTHER.
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BOTH PARTIES SHALL BE RESPONSIBLE FOR THEIR OWN INSTITUTIONAL COSTS, AND ACCEPT
LIABILITY FOR TAXES, IMPOSTS, LEVIES OR CHARGES THAT MAY BE APPLICABLE IN THE
EXECUTION OF THE FINANCING.
GENERALLY RECOGNIZED INTERNATIONAL STANDARDS CONCERNING THE PAYMENT OF FEES,
AS WELL AS NON-CIRCUMVENTION AND NON-DISCLOSURE SHALL APPLY FOR A PERIOD OF FIVE
(5) YEARS, RENEWABLE FOR ANOTHER FIVE YEARS PERIOD OF TIME AT THE OPTION OF BOTH
PARTIES.
THIS FINANCING CONSTITUTES A PRIVATE PLACEMENT FOR BANK INSTRUMENTS BETWEEN THE
PARTIES AND SHALL NOT BE CONSTRUED AS A SECURITY TRANSACTION DESCRIBED IN THE
UNITED STATES SECURITIES ACT OF 1934 AS AMENDED OR BY THE LAWS OF ANY OTHER
NATION.
FACSIMILE, E-FAX OR E-MAIL TRANSMISSION AND COPIES OF THIS DOCUMENT, WHEN FULLY
EXECUTED ARE TO BE CONSIDERED ORIGINAL AND BINDING DOCUMENTS.
UPON ACCEPTANCE, THIS AGREEMENT BECOMES A LEGAL AND BINDING CONTRACT BETWEEN
THE PARTIES. EACH PARTY HOLDS ONE OF THE AGREEMENT SIGNED IN ORIGINAL AND MAY BE
EXCHANGED TO COMPLETE SIGNATURES IN WET INK AS HARD COPY CONTRACT WHEN
REQUIRED.
BOTH LESSOR AND LESSEE JOINTLY AND SEVERALLY COVENANT AND UNDERTAKE TO ENSURE
THAT THEIR RESPECTIVE OBLIGATIONS UNDER THIS CONTRACT ARE MET. FAILURE TO PERFORM
THEIR OBLIGATION UNDER THIS CONTRACT WILL SUBJECT TO THE PENALTY OF THREE PERCENT
(3%) OF FACE VALUE OF THE BG TO THE INJURED PARTY WITHOUT RECOURSE.
ARBITRATION
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, WHICH IS
NOT SETTLED BY THE PARTIES, SHALL BE SUBJECT TO BINDING ARBITRATION. THE VERDICT
RENDERED BY THE PANEL OF ARBITRATORS SHALL BE FINAL AND BINDING AND MAY BE
ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT OF A DISPUTE, THE
FOLLOWING PROCEDURES SHALL APPLY:
(A) A WRITTEN NOTICE SHALL BE SENT (BY REGISTERED MAIL WITH RETURN RECEIPT
REQUESTED) BY THE AGGRIEVED PARTY TO THE PARTY IN DEFAULT, WHICH SHALL INCLUDE AN
EXPLICIT AND DETAILED STATEMENT OF THE DISPUTE. THE LESSEE BEING SERVED THE NOTICE
SHALL HAVE (15) BUSINESS DAYS TO RESPOND IN WRITING AND / OR TO CURE THE DEFAULT. IF
THE PARTIES FAIL TO RESOLVE THE DISPUTE WITHIN THE FIFTEEN-BUSINESS DAY PERIOD, THE
MATTER WILL BE SUBMITTED TO ARBITRATION AS FOLLOWS.
(B) THE PARTIES AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO
THIS BY ARBITRATION IN ACCORDANCE WITH THE RULES OF CONCILIATION AND ARBITRATION
OF THE INTERNATIONAL CHAMBER OF COMMERCE, PER ICC DOCUMENT Y432-A AND OTHER
APPLICABLE ICC DOCUMENTS. ARBITRATION PROCEEDINGS SHALL BE DIRECTED BY THREE
ARBITRATORS, ONE APPOINTED BY EACH LESSOR AND THE THIRD SUBSEQUENTLY APPOINTED
BY THE FIRST TWO ARBITRATORS. THE ARBITRATORS TO BE CHOSEN BY THE PARTIES SHALL BE
CHOSEN WITHIN 30 DAYS OF THE SERVICE OF A DEMAND FOR ARBITRATION ON ANY OF THE
PARTIES. THE APPOINTMENT OF ANY ARBITRATOR MAY BE SUBJECT TO CHALLENGE BY ANY
PARTY ONLY BY REASON OF A CONFLICT OF INTEREST. THE PARTIES AGREE TO HAVE THE
DISPUTE ARBITRATED IN ACCORDANCE WITH SAID RULES OF ARBITRATION. THE ARBITRATION
PROCEEDINGS SHALL BE HELD IN ------, OR OTHER LOCATION MUTUALLY AGREED IN WRITING
BY THE PARTIES FAILURE TO APPEAR WITHOUT A SHOWING OF GOOD CAUSE, SHALL ENTITLE
THE OTHER PARTY TO AN AWARD.
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(C) THE DECISION AND AWARD MADE BY THE ARBITRATORS SHALL INCLUDE THE AWARD OF
ALL COSTS AND EXPENSES INCLUDING ATTORNEY'S FEES AND EXPENSES, INCURRED BY THE
AGGRIEVED PARTY AS A RESULT OF THE DISPUTE. ANY SUCH AWARD SHALL BE PAID TO THE
THE UNSUCCESSFUL PARTY WITHIN THIRTY (30) DAYS AFTER THE AWARD. IN THE EVENT OF
CIRCUMVENTION, EITHER DIRECTLY OR INDIRECTLY, OR ANY OTHER DISPUTE ARISING OUT OF,
OR RELATING TO THIS CONTRACT, THE AGGRIEVED PARTY SHALL BE ENTITLED TO MONETARY
COMPENSATION EQUAL TO THE MAXIMUM FEE, REMUNERATION, CONSIDERATION, OR
BENEFIT IT WOULD HAVE RECEIVED FROM SUCH TRANSACTION, AND SUCH OTHER DAMAGES
AND RELIEF AS MAY BE DEEMED APPROPRIATE. THE SUM ALLOWED AND RELIEF GRANTED
SHALL BE PAID AND BECOME DUE AND PAYABLE WITHIN THE THIRTY (30) DAY PERIOD
REQUIRED FOR THE PAYMENT OF FEES AND EXPENSES, UNLESS OTHERWISE SPECIFIED IN THE
ARBITRATION DECISION. SETTLEMENT UPON AN AWARD SHALL BE FINAL, AND MAY BE
ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
NON-CIRCUMVENTION & NON-DISCLOSURE
THE PARTIES HEREIN AGREE THE NON-CIRCUMVENTION / NON-DISCLOSURE RULES OF ICC,
LATEST EDITION, SHALL APPLY TO THE TRANSACTION FOR A PERIOD OF (5) FIVE YEARS FROM
THE DATE OF EXECUTION OF THIS AGREEMENT BY THE UNDERSIGNED, HIS/HER ASSIGNS,
AGENTS, AND/OR HEIRS. THIS NC/ND ALSO APPLIES TO ANY AND ALL OTHER TRANSACTIONS
DIRECT OR INDIRECT. REGARDING THIS TRANSACTION AND ITS POSSIBLE ROLLOVERS AND
EXTENSIONS, EACH PARTY AND THEIR RESPECTIVE INTERMEDIARIES WARRANT NOT REVEALING
THE BANKING COORDINATES, PROVIDED HEREIN, TO ANY INDIVIDUAL OR INSTITUTION OTHER
THAN THOSE BANKING OFFICERS NECESSARY FOR COMPLETION OF THIS FINANCING.
AFTER CONFIRMATION, BY SIGNATURE AND SEAL, THIS DOCUMENT WILL BE EFFECTIVE EQUAL
AS AN AGREEMENT/ CONTRACT. EACH PARTY HOLDS ONE OF THE EFFECTIVE
AGREEMENT/CONTRACTS BY THEIR EXECUTION BELOW, THE PARTIES HERETO AGREE TO THE
GENERAL TERMS AND ALL CONDITIONS HEREIN AND WARRANT UNTO THE OTHER THE
ENTIRE AGREEMENT BETWEEN PARTIES.
IN WITNESS WHEREOF THE PARTIES EXECUTED THIS AGREEMENT ON THE DATE BELOW
WRITTEN.
SIGNED BY THE LESSEE
_____________________________
Name:
Title:
Passport No.:
Country:
Issue Date:
Expiry Date:
<SEAL>
Date: 31 July 2017
SIGNED BY THE LESSEE
_____________________________
Name:
Title:
Passport No.:
Country:
Issue Date:
Expiry Date:
LESSOR’s initials:
<SEAL>
Date: 31 July 2017
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APPENDIX A
BANK OPINION OR RECOMMENDATION LETTER
(PLEASE NOTE THAT THE FOLLOWING BANK OPINION LETTER WILL BE REQUIRED BY US ALONG
WITH YOUR LOI. THE CLIENT IS REQUIRED TO SEND ANY ONE OF THEM THROUGH SWIFT 799
FOR RECEIVING BG/SBLC, AFTER THE CLIENT RECEIVES OUR COUNTERSIGNED CONTRACT
FROM THE BG/SBLC PROVIDER. IT IS NEITHER ANY COMMITMENT OF PAYMENT NOR ANY TYPE
OF RWA FROM CLIENT. IT IS JUST AN OPINION LETTER ABOUT OUR VERBIAGES AS BELOW).
THE CLIENT WILL HAVE TO FOLLOW THIS CLAUSE IN OUR DOA PROCEDURE:
(B) LESSEE/LESSEE PROVIDES HIS BANK OPINION LETTER REGARDING ACCEPTANCE OF OUR VERBIAGE
OF OUR SWIFT MT-799 (AS PER “APPENDIX A” TO LESSOR’S/SELLER’S DESIGNATED RECEIVING BANK
ALONG WITH HIS LOI.
BANK OPINION LETTER APPROVING OUR VERBIAGE OF ICBPO ON BANK LETTERHEAD
(Addressed to the PROVIDER or to its own client)
WE AGREE WITH THE VERBIAGE OF THE BLOCKFUNDS MT 799 OR OF ICBPO AS GIVEN IN
APPENDIX A.
BANK OFFICER: (……………..NAME, SIGN AND SEAL…………..)
APPENDIX A
ACCEPTABLE DRAFT OF
PROOF OF FUNDS – BLOCK FUNDS
SWIFT INPUT: MT 799
PROOF OF FUNDS – BLOCKED FUNDS
REGARDING
TRANSACTION CODE: …………………………………….
SENDER
BANK NAME:
BANK ADDRESS:
BANK TEL/ FAX:
BANK OFFICER NAME:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
RECEIVER
BANK NAME:
BANK ADDRESS:
BANK OFFICER NAME:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
BANK TEL / FAX:
WE,-----------------------THE BANK, HAVING AN ADDRESS AT---------------- , HEREBY CONFIRM WITH
FULL BANK RESPONSIBILITY AND LIABILITY THAT OUR CLIENT-----------------------------HAS ON
DEPOSITS WITH OUR BANK UNDER THEIR SOLE SIGNATURE IN ACCOUNT NUMBER---------------- (or
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IBAN NUMBER: -----------------), FOR THE THE SUM OF XXXXXXXXXX MILLION
THESE FUNDS ARE CLEAN, CLEARED, OF NON-CRIMINAL ORIGIN AND ARE FREE OFANY LIENS
AND ENCUMBRANCES AND ARE AVAILABLE TO THE CLIENT WITHOUT ANY RESTRICTIONS.
THESE FUNDS ARE CURRENTLY PUT ON ADMINISTRATIVE HOLD FOR THE BENEFIT OF
(BENEFICIARY NAME), FOR THE PERIOD OF 45 DAYS OR TILL THE TRANSACTION
…………………………………..IS COMPLETED, WHICHEVER IS EARLIEST. THIS INSTRUMENT WILL
REMAIN VALID UNTILL THE END OF THIS TRANSACTION. THIS INSTRUMENT WILL
AUTOMATICALLY EXPIRE IF PRE-ADVICE MT799 OR MT760 IS NOT RECEIVED BY US WITHIN 10
BANKING DAYS OF ITS ISSUING DATE.
THIS INSTRUMENT IS VERIFIABLE AND CONFIRMABLE BY RESPONSIBLE BANK INQUIRY AND IS
SUBJECT TO THE UNIFORM COMMERCIAL CODE AND IS GIVEN FOR AND ON BEHALF
OF …………………………………., THE ISSUER.
BANK OFFICER NAME
TITLE
PIN NO:
BANK OFFICER NAME
TITLE
PIN NO:
ACCEPTABLE DRAFT OF ICBPO
SWIFT INPUT: MT 799
REGARDING
TRANSACTION CODE: …………………………………….
IRREVOCABLE CONDITIONAL BANK PAYMENT ORDER via MT-799
SENDER:
BANK:
BANK OFFICER:
PHONE NUMBER:
FAX NUMBER:
S.W.I.F.T. CODE:
ACCOUNT NUMBER:
ACCOUNT HOLDER:
BY THE ORDER OF:
RECEIVER:
BANK NAME:
BANK ADDRESS:
SWIFT CODE :
ACCOUNT NAME:
ACCOUNT NUMBER:
BANK OFFICER:
BANK TELEP NO.:
DATE OF ISSUE;
DATE OF EXPIRE:
TRANSACTION CODE:
NARRATIVE:
WE, ____________ BANK NAME____________REPRESENTED BY THE UNDERSIGNED OFFICERS
HEREBY OPEN OUR IRREVOCABLE, ASSIGNABLE, TRANSFERABLE, CONFIRM-ABLE AND
CONDITIONAL BANK PAYMENT ORDER IN FAVOR OF ……………………. FOR THE THE SUM OF
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XXXXXXXXXXX DUE 45 DAYS FROM THE DATE OF THE TRANSMISSION OF THIS SWIFT WHICH
IS:____ (DATE) OR UNTIL THIS TRANSACTION IS COMPLETED WHICHEVER ONE COMES FIRST.
THIS INSTRUMENT WILL REMAIN VALID UNTILL THE END OF THIS TRANSACTION. THIS
INSTRUMENT WILL AUTOMATICALLY EXPIRE IF PRE-ADVICE MT799 OR MT760 IS NOT RECEIVED
BY US WITHIN 10 BANKING DAYS OF ITS ISSUING DATE.
PAYMENT IS AVAILABLE ON THE BENEFICIARY'S FIRST WRITTEN DEMAND VIA BANK WIRE
TRANSFER UPON THE SUCCESSFUL COMPLETION OF THE TRANSACTION AS CONTAINED IN
TRANSACTION CODE NO:XXXXXXX WE ALSO CONFIRM THAT PARTIAL DRAWINGS AND MULTIPLE
PRESENTATIONS ARE ACCEPTABLE.
WE, ENGAGE WITH YOU THAT THE DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE
TERMS OF THIS IRREVOCABLE, CONDITIONAL BANK PAYMENT ORDER SHALL BE DULY
HONORED ON THE PRESENTATION TO US.
THIS IRREVOCABLE, CONDITIONAL BANK PAYMENT ORDER IS SUBJECT TO UNIFORM CUSTOM
AND PRACTICE FOR DOCUMENTARY CREDIT (1993 EDITION) I.C.C. PUBLICATION NUMBER 500.
THIS BANK PAYMENT GUARANTEE IS CASH-BACK AND IT SHALL EXPIRE ON:….
FOR AND ON BEHALF OF …………………(FULL NAME AND ADDRESS OF ISSUING BANK)
END OF TRANSMISSION:
BANK OFFICER (1)
BANK OFFICER (2)
NAME:
TITLE:
NAME:
TITLE:
I AGREE TO ISSUE ANY ONE OF THE MT799 AS PER VERBIAGES ABOVE AFTER GETTING THE
COUNTERSIGNED CONTRACT FROM THE PROVIDER.
Signed this 31 July 2017
_____________________________
Signatory Name:
Title: Director
Passport No.:
Country:
Date of Issue:
Date of Expiration:
<SEAL>
Date: 31 July 2017
…………
APPENDIX B
DRAFT SWIFT OF PRE-ADVICE VIA MT-799
(SPECIMEN COPY – FINAL VERBIAGE AS PER ISSUING BANK STANDARD FORMAT)
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TO:
FROM:
ATTN:
PLEASE ADVISE YOUR CLIENT:
RE: TRANSACTION CODE:
WE, ………… (ISSUING BANK NAME) HEREBY CONFIRM WITH FULL BANKING RESPONSIBILITY THAT
WE ARE READY TO ISSUE AND DELIVER ONE (1) BG OF OUR CLIENT, …………… IN THE FACE AMOUNT
OF XXXXXXXXX IN FAVOR OF (BENEFICIARY).
THIS SWIFT MESSAGE IS VERIFIABLE ON NORMAL BANK-TO-BANK BASIS WITH FULL BANKING
RESPONSIBILITY.
THERE WILL BE NO LIENS AND ENCUMBRANCES ON THIS INSTRUMENT WHICH SHALL BE
DELIVERED AND AVAILED VIA MT760 AND EXACT BG AS PER FOLLOWING TEXT BELOW
INSTRUCTION.
BG NUMBER
PLACE OF ISSUE
DATE OF ISSUE
MATURITY DATE
CUSIP NO
ISIN NO
CURRENCY
FACE AMOUNT
BENEFICIARY NAME
:
:
:
:
:
:
:
:
:
FOR VALUE RECEIVED, WE …………… (NAME OF ISSUING BANK), AT…………… (FULL BANK ADDRESS),
HEREBY ISSUE OUR IRREVOCABLE, UN-CONDITIONAL AND NEGOTIABLE BG NO.: …………… IN
FAVOUR OF (BENEFICIARY) FOR THE AMOUNT OF XXXXXXXXX, VALID FOR ONE (1) YEAR AND ONE (1)
DAYS AND DUE FOR PAYMENT AT MATURITY ON …………… (1 YEAR + 1 DAY MATURITY DATE FROM
ISSUING DATE).
WE HEREBY IRREVOCABLY AND UNCONDITIONALLY UNDERTAKE TO PAY IN FULL AGAINST THIS BG
AT MATURITY DATE, WITHOUT ANY PROTEST, DELAY OR OBJECTION, THE SUM OF XXXXXXXX TO
THE
ORDER
OF XXXXXXXXXXXXXXXXXXXX. THE BENEFICIARY’S THE BEARER OR HOLDER
THEREOF AT MATURITY. SUCH PAYMENT SHALL BE MADE FREE AND CLEAR OF ANY DEDUCTIONS
CHARGES, FEES OR WITHHOLDING, UPON RECEIVING BENEFICIARY’S FIRST DEMAND VIA BANK
WIRE SYSTEM AND SURRENDER OF THIS BG NO: …………… AT THIS BANK AT MATURITY DATE.
THIS BG IS TRANSFERABLE AND ASSIGNABLE WITHOUT PRESENTATION OF IT TO US AND WITHOUT
PAYMENT OF ANY FEES. WE HEREBY ENGAGE WITH YOU THAT THE DEMAND MADE UNDER AND IN
COMPLIANCE WITH THE TERMS OF THIS BG, SHALL BE DULY HONOURED ON DUE PRESENTATION
TO US. THE DEMAND HEREUNDER MUST BE MARKED “DRAWN UNDER BG NO: …………… DATED
………… (BG’S ISSUE DATE).
THIS BG IS CONSTRUED, GOVERNED AND ISSUED IN ACCORDANCE WITH THE RULES, REGULATIONS
AND PRACTICES AS SET FORTH BY THE INTERNATIONAL CHAMBER OF COMMERCE (ICC), PARIS,
FRANCE, PUBLICATION 600, LATEST REVISION.
THIS SWIFT IS OUR VALID AND OPERATIVE INSTRUMENT. NO MAIL CONFIRMATION WILL FOLLOW.
ALL CHARGES ARE FOR THE ACCOUNT OF APPLICANT.
FOR AND ON BEHALF: …………… (ISSUING BANK)
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…..……………………………………..
AUTHORISED BANKER {1}
NAME, TITLE & PIN CODE
…..……………………………………..
AUTHORISED BANKER {2}
NAME, TITLE & PIN CODE
APPENDIX C
DRAFT TEXT OF BANK GUARANTEE VIA MT-760
TO: (CLIENT BANK)
DATE: ___________
BANK GUARANTEE NO.__________________
.
AT THE REQUEST OF ______________________(“APPLICANT”), WE,______________(THE BG ISSUING BANK
AND ITS ADDRESS) HEREBY ISSUE OUR IRREVOCABLE BG NO._________________ IN FAVOUR OF (THE
‘BENEFICIARY’) FOR NOT EXCEEDING THE AMOUNT OF XXXXXXXXXX MILLION USD (SAY US
DOLLARS $XXXXXX.00 ONLY) INCLUDING THE PRINCIPAL AMOUNT, INTEREST, PENALTY INTEREST,
AND ANY OTHER FEES, EXPENSES WHICH ARE OR MAY BECOME PAYABLE TO THE BENEFICIARY
UNDER THE FACILITY AGREEMENT REGARDING THE TERM LOAN FACILITY BETWEEN (THE
BENEFICIARY) AND (THE ‘BORROWER’).
THIS BG IS AVAILABLE BY PAYMENT WITH US AGAINST THE BENEFICIARY’S DEMAND BY
AUTHENTICATED SWIFT TO US STATING THAT THE AMOUNT OF SUCH CLAIM(S) REPRESENTS AND
COVERS THE UNPAID BALANCE OF INDEBTEDNESS IN CONNECTION WITH THE BENEFICIARY’S
GRANTING THE LOAN FACILITY TO THE BORROWER.
UPON RECEIPT OF THE BENEFICIARY’S AUTHENTICATED SWIFT CLAIM IN COMPLIANCE WITH THE
TERMS AND CONDITIONS OF THIS BG, WE UNDERTAKE UNCONDITIONALLY TO REMIT THE
PROCEEDS BY T/T TO THE BENEFICIARY IN ACCORDANCE WITH YOUR INSTRUCTIONS WITHIN FIVE
(5) BANKING DAYS.
THE AMOUNT OF THIS BG WILL BE AUTOMATICALLY REDUCED BY THE AMOUNT OF ALL DRAWINGS
HEREUNDER.
PARTIAL DRAWINGS ARE ACCEPTABLE.
THIS BG WILL BE EFFECTIVE FROM THE ISSUING DATE AND EXPIRE ON _______ (THE EXPIRY DATE)
AT THE COUNTER OF ISSUNG BANK.
THIS BG IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007
REVISION), ICC PUBLICATION NO.600.
(ELECTRONIC SIGNATURES OF TWO BANK OFFICERS WITH NAMES & TITLES)
…………………………………………
NAME
TITLE
PIN
LESSOR’s initials:
…………………………….. ……………
NAME
TITLE
PIN
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CLIENT’S INFORMATION SHEET
In accordance with Articles two (2) through five (5) of the Due Diligence Convention and the
Federal Marketing Commission Circular of December 1998, concerning the prevention of
money laundering, the following information may be supplied to Banks and/or other Federal
Institutions for purposes of verification.
1. Lessee’s Name:
Company’s name
Registered Address
Contact Address
Directors
Business Registration No.
Telephone No.
Facsimile No.
-
2. Represented for this transaction by:
Nationality
Passport Number
Date of Issue
Date of Expiration
Date of Birth
Place of Birth
Address
Telephone No.
Mobile No.
Email Address
3. Legal Counsel:
Address
Telephone No.
Facsimile No.
Email Address
LESSOR’s initials:
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Transaction Code:
Lessor Code:
4 Lessee’s Banking:
Name of Bank
Bank Address
Account Name
Account Number
Account Signatory
S.W.I.F.T. Code
Bank Officer / Title
Telephone No.
Facsimile No.
E-Mail:
5 Funds Information:
Origin: Funds by
Business earning
Amount available for this transaction: .....................................
Are funds clean and clear? YES
6 Brief Description of Corporate Activities:
Investment management
Declaration: I hereby swear under penalty of perjury, that the information provided is both
true and accurate. I am the signatory on the aforementioned Bank account. All monies
engaged in this transaction are derived from non-criminal origin; and, are good, clean and
cleared. The origin of funds is in compliance with Anti-Money-Laundering Policies as set forth
by the Financial Action task Force (FATF) 6/01.
Signed this 31 July 2017
_____________________________
Signatory Name:
Title: Director
Passport No.:
Country:
Date of Issue:
Date of Expiration:
<SEAL>
Date: 31 July 2017
…………
CERTIFICATE OF INCORPORATION OF LESSEE
LESSOR’s initials:
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BOARD RESOLUTION
THIS IS TO CERTIFY THAT THE BOARD OF DIRECTORS OF XXXXXX HAVING IT’S CONTACT
ADDRESS AT NO.XXXXXXX (HEREINAFTER REFERRED TO AS THE “COMPANY”) HAVING A
BOARD OF DIRECTORS MEETING WHICH WAS DULY AND REGULARLY CALLED, NOTICED AND
HELD ON 31 JULY 2017, AT THE COMPANY’S ABOVE REFERENCED CONTACT ADDRESS AT WHICH
THERE WAS PRESENT A QUORUM THEREOF, WHEREIN THE FOLLOWING RESOLUTIONS WERE
UNANIMOUSLY ADOPTED, TO WIT:
RESOLVED: THAT XXXXXXXXX, HOLDER OF XXXXXXX PASSPORT NUMBER XXXXXXXXX,
DIRECTOR AND AUTHORIZED SIGNATORY FOR AND ON BEHALF OF THE COMPANY, WAS FULLY
AUTHORIZED TO ACT INDIVIDUALLY AS THE SOLE REPRESENTATIVE OF THE COMPANY TO
EXECUTE ALL NECESSARY DOCUMENTS ON BEHALF OF THE COMPANY IN CONNECTION WITH
BANK INSTRUMENTS TRANSACTIONS AND TO EFFECT THE OPENING AND OPERATION OF BANK
ACCOUNTS ON BEHALF OF AND FOR THE BENEFIT OF THE COMPANY AT ANY BANK(S) HE SHALL
SELECT, AND BE A SIGNATORY THEREON, TO ACCEPT AND DISBURSE FUNDS THERE FROM, AT
HIS DISCRETION AND DETERMINATION, AND TO EXECUTE CONTRACTS WITH HIS SELECTED
SOURCES AND BANKS THEREIN, AT HIS DISCRETION, FOR AND IN THE BEST INTEREST OF THE
COMPANY.
FURTHER RESOLVED:
THAT MR. XXXXXXXXX, DIRECTOR OF THE COMPANY, BE AND
HEREBY IS AUTHORIZED AND DIRECTED TO CERTIFY THAT THE FOREGOING RESOLUTIONS AND
THE PROVISIONS THEREOF ARE IN CONFORMITY WITH THE CHARTER, BYLAWS AND ARTICLES
OF INCORPORATION OF THE COMPANY, AND THAT THE FOREGOING RESOLUTION AND THE
AUTHORITY THEREBY CONVEYED SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL THE
PURPOSE SET FORTH HEREIN ARE ACCOMPLISHED.
IT IS FURTHER CERTIFIED THAT THIS CORPORATE RESOLUTION’S FAX OR PHOTOCOPIES SHALL
BE OF EQUAL VALUE TO THEIR ORIGINAL AND SHALL BE ACCEPTED AS SUCH BY EVERYONE,
FOR ALL PURPOSES, EVERYWHERE.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THE COMPANY IN
CERTIFICATION OF THE ABOVE RESOLUTIONS & PROVISIONS ON THIS DAY OF 31 July 2017.
LESSOR’s initials:
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SIGNED BY THE CHAIRMAN OF BOARD:
____________________________
NAME:
TITLE: OWNER / DIRECTOR
PASSPORT №:
PLACE OF ISSUE:
DATE OF EXPIRY:
LESSOR’s initials:
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NON-CIRCUMVENTION AND NON-DISCLOSURE
ALL PARTIES DO HEREIN AGREE THAT THE NON-CIRCUMVENTION AND NON-DICLOSURE RULES
(NCND) OF ALL ISSUES FROM THE ICC 500 APPLY TO THIS TRANSACTION FOR A PERIOD OF FIVE
(5) YEARS FROM DATE OF EXECUTION OF THIS AGREEMENT BY THE UNDERSIGNED, HIS OR HER
ASSIGNS, AGENTS AND/OR HEIRS. THIS NCND ALSO APPLIES TO ANY AND ALL OTHER
TRANSACTIONS DIRECT OR INDIRECT INITIATED BY THESE INTERMEDIARIES. THE
UNDERSIGNED AGREES THAT THIS FEE PROTECTION IS ASSIGNABLE AND TRANSFERABLE TO
THE BENEFICIARIES, DESIGNS, HEIRS AND ASSIGNS UPON WRITTEN NOTICE OF ALL PARTIES,
AND SHALL NOT BE AMENDED WITHOUT THE EXPRESS WRITTEN CONCENT OF THE PARTIES. IF
NO CONTRACT IS COMSUMMATED, THIS FEE PROTECTION AGREEMENT IS NULL AND VOID IN ITS
ENTIRETY.
ALL DISCLOSED BANKING INFORMATION SHALL BE STRICTLY CONFIDENTIAL. NO
COMMUNICATION BETWEEN BANKING OFFICERS. OTHER THAN TRANSMISSION BY SWIFT WIRE
TRANFER AND ANY OTHER TRANSMISSION SPECIFICALLY AUTHORIZED BY THE BENEFICIARIES,
IS PERMITTED. ALL COMMUNICATION SHALL CLEARLY REFERENCE THE TRANSACTION CODE,
THE LESSOR’S CODE AND THE LESSEE’S CODE REFERRED TO HEREIN. SHOULD A CONTRACT
BE SIGNED BETWEEN THE LESSOR AND LESSEE, A BANK ENDORSED CORPORATE PAY ORDER
WILL BE ISSSUED TO THE PAYMASTER OF EACH GROUP, FOLLOWED BY A SWIFT WIRE
TRANSFER TO THE PAYMASTER’S ACCOUNT, WHEN PAYMENT FOR THE BANK INSTRUMENT IS
COMPLETED. AN EXECUTED FACSIMILE OR EMAIL COPY SHALL BE DEEMED TO BE AS AN
ORIGINAL.
Executed this day………. 31 July 2017 …….by LESSEE
<SEAL>
________________________
For and on behalf of Lessee
Name:
Title: DIRECTOR
Passport No.:
Nationality:
LESSOR’s initials:
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NON-SOLICITATION LETTER
I, Lessee name, title, with Passport #, , do hereby confirm that I have requested of you and your
associates, specific confidential information and documentation regarding a currently available
Private Placement Program to serve for our interest, purposes and understanding only, and not
for further distribution. We are hereby agreeing to keep all information received by you as
STRICLY CONFIDENTIAL AND PROPRIETARY.
I hereby declare that I am fully aware that the information presented by you is not in any way
considered or intended to be solicitation of funds of any sort, or any type of offering, but is
intended for general knowledge and educational purposes only. I affirm that I have requested
information from you and your associates of my own choice and free will, and further that you
have not solicited me in any way.
I understand that the completed transaction is strictly one of private placement, and that it is in no
way relying upon or relating to the United States Securities Act of 1933 or related regulations, and
it does not involve the sale of registered securities.
Further, I hereby declare that I am not a licensed broker or government employee. I have mutually
agreed that this private placement transaction is exempt from the Securities Act, and is not
intended for the general public, and all matters are for PRIVATE USE ONLY Agreed and
Accepted by the LESSEE:
This day xxxxx31 July 2017.
<SEAL>
___________________________
For and on behalf of Lessee
Name:
Title: DIRECTOR
Passport No.:
Nationality:
LESSOR’s initials:
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IRREVOCABLE MASTER FEE PROTECTION AGREEMENT
& IRREVOCABLE CORPORATE PAYMENT ORDER
DATE:
TO: BOTH PARTIES’ CONSULTANTS
Description of Instrument:
1. Instrument: BG, SBLC, FRESH CUT (FC), 100% CASH-BACKED, ON ICC
STANDARD FORMAT LIKE ICC458 OR ICC758 OR ICC600
2 (A). Minimum Face Value: : 10 Million to xxxxxxxx in First Tranche with a BlockFunds
MT799 or ICBPO required AND up to 50 Billion USD/Euro in Tranches of 500 Million
USD/Euro each.
2. (B). Total Contract Amo XXXXXXXX Million Euro/Dollar; Euro/$X,000,000,000
Current Contract Amout: XXXXXXXX Million Euro/Dollar; Euro/$X,000,000,000
1st Trnache: XXXXXXXX Million Euro/Dollar; Euro/$xxx,000,000,
2nd Tranche: xxxxxxxx Million Euro/Dollar; Euro/$xxxx,000,000,
2 (C). Beneficiary:
3. Issuing Bank: HSBC Bank London, Barclays Bank, Credit Suisse, Zurich, Duetsch
Bank and other AA Rated Banks.
4. Age: One Year and One Day
5. Leasing Price: 9% + 3% commission, making it 12% of the BG Face Value
6. Delivery: {Bank-To-Bank Swift}
7. Payment: MT103
8. Hard Copy: Bonded Courier Service {within three banking days}
Irrevocably and unconditionally, without protest, demand or delay, promise and guarantee to pay
consultancy fees of Three Percent (3%) of the face value of the instruments, for the benefit of the
consultants being hereinafter called collectively the “beneficiaries” and individually a “Beneficiary”.
The said consultancy fee shall be paid upon the successful closing of each and every tranche
concurrently with each payment of the instruments Leased by us. Further, the said consultancy
fees shall be paid in good, clean clear and unencumbered Euros/Dollars and delivered, via wire
transfer, to your designated trust/bank account coordinates.
This “Fee Agreement-Pay Order” is unconditional, assignable and divisible. This “Fee AgreementPay Order” shall endure to the benefit of the beneficiaries and their respective heirs,
administrators, successors and assigns, as the case may be, and shall be binding and
enforceable upon us, our successors and assigns as the case may be, until this transaction,
including any renewals, extensions and additions are fully completed.
This Fee Agreement-Pay Order, if transmitted by facsimile or electronic mail shall be considered
an original, legally enforceable document.
Generally recognized International Standards of Non Circumvention and Non-disclosure are
applicable for a period of Five Years from the date of this document or the last date of the contract
including any renewals, extensions and additions are fully completed and we agree to respect
those.
We hereby declare that we are fully aware that the information received from you is in direct
response to our request and is not in any way considered or intended to be a solicitation of funds
of any sort, or any type of offering, and is intended for our general knowledge only. We hereby
affirm, under penalty of perjury, that we have requested information from you and your
organization by our choice and free will, and further that you have not solicited us in any way.
Intermediaries are NOT Advisors of any kind.
LESSOR’s initials:
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Parties to this agreement are independent contractors and all contemplated payments and/or
disbursements hereunder are divided interests. Nothing in this agreement construes or creates a
partnership or employer/employee relationship between or among the parties hereto. All taxes,
federal, state or other are the independent responsibility of each of the parties hereto.
The above stated codes, (the Lessor’s code to be provided by the Lessor) and any other
identification codes shall remain the same and shall not be changed until this transaction including
any renewals, extensions and additions are fully completed and we agree to respect those. The
transaction code may be amended only by agreement between all parties hereto. This
transmission via facsimile will be accepted as an original and I confirm that I have authority to
execute this Pay Order.
Irrevocable Fee Protection / Irrevocable Pay order for Consultant Fees of Three Percent (3%) of
the face value from each and every tranche of this transaction, including any rolls or extensions,
to be paid to Lessee’s broker only:
TOTAL COMMISSIONS: 3%
MANDATE COMMISSION: Total 1% (Closed) OF FULL FACE VALUE, INCLUDING ROLLS AND
EXTENSIONS, TO BE SPLIT AND PAID TO THE FOLLOWING PAYMASTERS:
PAYMASTER #S-1: TO RECEIVE 100% OF THE 1% OF THE FACE VALUE (CLOSED)
Paymaster Name
HUSSAIN KHAN, TOKYO
Paymaster Address
Passport Number
Paymaster Telephone
Paymaster Fax
Paymaster Email
Bank Name
Bank Address
Bank Officer
Bank Telephone
Bank Fax
SWIFT Code
ABA Routing
Account Name
Account Number (IBAN)
Beneficiary
Special Instructions
Required Instructions
Special Instructions
LESSOR’s initials:
Text Message: The S.W.I.F.T. or Clear Stream text
message covering all remittances shall clearly state the
following: “THE REMITTER IS KNOWN TO US. THIS IS
DONE WITH FULL BANKING RESPONSIBILITY AND
WE ARE SATISFIED AS TO THE SOURCE OF FUNDS
SENT TO US.” FOR SAME DAY SETTLEMENT.
Same Day Transfer and Immediate Credit CURRENCY: Euro or US Dollars. All Wire transfers shall
incorporate below Text Message and a copy of Bank
Wire Transfer slip shall be emailed to:
for
legal verification and documentation pursuant to Patriot
Act/Banking regulations with One Original Contract copy
to be filed with Bank
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INTERMEDIARY COMMISSION: (Closed) 1% OF FULL FACE VALUE, INCLUDING ROLLS
AND EXTENSIONS, TO BE SPLIT AND PAID TO THE FOLLOWING PAYMASTERS:
PAYMASTER 2: TO RECEIVE XX% OF THE 1% (Closed)
Paymaster Name
Paymaster Address
Passport Number
Paymaster Telephone
Paymaster Fax
Paymaster Email
Bank Name
Bank Address
Bank Officer
Bank Telephone
Bank Fax
SWIFT Code
ABA Routing
Account Name
Account Number (IBAN)
Beneficiary
Special Instructions
Required Instructions
Special Instructions
Text Message: The S.W.I.F.T. or Clear Stream text
message covering all remittances shall clearly state the
following: “THE REMITTER IS KNOWN TO US. THIS IS
DONE WITH FULL BANKING RESPONSIBILITY AND
WE ARE SATISFIED AS TO THE SOURCE OF FUNDS
SENT TO US.” FOR SAME DAY SETTLEMENT.
Same Day Transfer and Immediate Credit CURRENCY: Euro or US Dollars. All Wire transfers shall
incorporate below Text Message and a copy of Bank
Wire Transfer slip shall be emailed to:
for
legal verification and documentation pursuant to Patriot
Act/Banking regulations with One Original Contract copy
to be filed with Bank
Buyer Side Commission: PAYMASTER #3: (open)TO RECEIVE ONE PERCENT (1%)
Paymaster Name
Paymaster Address
Paymaster Telephone
Paymaster Fax
Paymaster Email
Bank Name
Bank Address
Bank Officer
Bank Telephone
Bank Fax
SWIFT Code
ABA Routing
Account Name
LESSOR’s initials:
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Lessor Code:
Account Number (IBAN)
Beneficiary
Special Instructions
Required Instructions
Special Instructions
SEND PRE-ADVICE PRIOR ON SENDING CASH
FUNDS TO LEGITIMATE BENIFICIARIES AND
PAYMASTER FOR NOTIFICATION PURPOSES.
Text Message: The S.W.I.F.T. or Clear Stream text
message covering all remittances shall clearly state the
following: “THE REMITTER IS KNOWN TO US. THIS IS
DONE WITH FULL BANKING RESPONSIBILITY AND
WE ARE SATISFIED AS TO THE SOURCE OF FUNDS
SENT TO US.” FOR SAME DAY SETTLEMENT.
Same Day Transfer and Immediate Credit CURRENCY: Euro or US Dollars. All Wire transfers
shall incorporate below Text Message and a copy of
Bank Wire Transfer slip shall be emailed to: XXXXXXX
for legal verification and documentation pursuant to
Patriot Act/Banking regulations with One Original
Contract copy to be filed with Bank
Paymasters may change their receiving banks by serving prior notice in writing to Lessee/payor
within 8 banking hours thereof. Paymasters shall issue their own respective payment orders for all
beneficiaries/consultants identified within their own groups per addendum a for profits received
specific to this agreement and said payment orders shall be lodged with their bank officers as
herein written for implementation.
This irrevocable profit participation agreement becomes unconditional, assignable, and divisible
upon the successful initiation of the transaction referenced above.
All profit transfers specific to this agreement are to be made by wire or internal bank transfers and
transferred immediately upon closing of each transaction or tranche or as soon thereafter as
banking processes allow without liens or delays of any kind whatsoever.
This agreement becomes effective with the execution of the Lease agreement/letter of
intent/transaction contract referenced by the transaction code, Lessor’s code, and Lessee’s code
set forth above and shall remain valid and enforceable for the full term of the contract and shall
apply to any and all renewals, extensions, or any new agreements between Lessee and Lessor or
their shareholders and/or assigns for a period of five (5) years from the date hereof.
The applicable non-circumvention/non-disclosure conditions of the ICC 500 rules and regulations
are binding upon all parties to this agreement or any other pending or future transactions. All
signed copies of this agreement including fax transmissions thereof, shall be considered legally
binding documents. This agreement and the rights and obligations hereof are binding and inure to
the respective heirs, legal representatives, assignees and/or successors of the parties hereof.
Lessee as Master Paymaster and its bank coordinate for payment of fees:
Bank:
Address:
S.W.I.F.T.:
Account Name:
Account No.:
Acct. Signatory Name:
LESSOR’s initials:
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Bank Officer:
Bank Officer Tel:
Bank Officer Fax:
It is understood that all parties herein involved are considered to be bound by international
standard of non-circumvention/non-disclosure as governed by the international chamber of
commerce, and if subject to litigation, to the laws of the involved countries.
Parties to this agreement are independent contractors and all contemplated payments and/or
distributions hereunder are divided interests. All taxes, federal, state or other, are the independent
responsibility of each of the parties hereto. Reporting of income and the payment of any related
taxes is the sole responsibility of the parties individually.
This agreement will become an integral part and included within the Lease agreement/letter of
intent/transaction contract identified with transaction code: XXXXXXX, Lessor’s code:
xxxxxxxxxxxxx, and Lessee’s code: XXXXXXXXXXXXXXXXXXXXXXX as soon as the contract
becomes valid and signed. If no transaction is completed under the aforesaid transaction, Lessor,
and Lessee codes collectively, then no obligation to the beneficiaries/consultants and any other
parties under this agreement is established.
The receipt of this document constitutes acknowledgement on the part of recipients hereof that
the transactions herein are not to be in violation of existing regulations and laws and all parties
herein are bound to obey and be in compliance with all regulations and laws as related to the
transactions herein.
The signatory hereof avers and confirms that he has the power and authority to execute this
irrevocable fee agreement and pay order.
ISSUED BY THE LESSEE
_____________________________
Name:
Title:
Passport No.:
Country:
Issue Date:
Expiry Date:
LESSOR’s initials:
<SEAL>
Date: 31 July 2017
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PASSPORT COPY OF LESSEE’S AUTHORIZED SIGNATORY
SIGNED BY THE LESSOR
_____________________________
Name:
Title:
Passport No.:
Country:
Issue Date:
Expiry Date:
<SEAL>
Date: 31 July 2017
PASSPORT COPY OF LESSOR’S AUTHORIZED SIGNATORY
LESSOR’s initials:
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