LOI_XYZ_001 - FT Asset Management

Financing Agreement
Code: <<>>
Between
Represented by <<>>
<<>>, CEO
And
FT Asset Management KB
Represented by:
J.J van der Most, CEO and Assigns
Dated this 28 July 2017
Confidential
Confidential
FT Asset Management KB
Frejgatan 13-1478
1 14 79 Stockholm, Sweden
Office: +46 8 559 24 067
[email protected]
Confidential: Yes, 25 Years
Public: no
Circumvention: only involved people
Transaction code: <<>>
Date: 28 July 2017
This Financing Agreement with the reference code: <<>> (the “Agreement”) is made in full and unanimous
agreement on 28 July 2017 by and between
<<>> (“CLIENT”)
Represented by:
Italian Passport:
Address:
Tel:
Fax:
Mob:
Email address:
Mr <<>>
<<>>
<<>>
+<<>>
+<<>>
+<<>>
<<>>
“CLIENT BANKS”
Bank Name:
Bank Address:
Bank Telephone:
Beneficiary:
Beneficiary Account:
Beneficiary Address:
BIC / SWIFT Code:
Website:
<<>>
<<>>.
+<<>>
<<>>
<<>>
<<>>
<<>>
<<>>
FT Asset Management KB or Assigns (“FTAM”)
Represented by:
Mr. J.J van der Most
Dutch passport:
BD6B30L15
Address:
Frejgatan 13-1478, 1 14 79 Stockholm, Sweden
Telephone Number: +46 8 559 24 067
Email:
[email protected]
Each is referred to herein as a “Party” and collectively the “Parties”.
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FT Asset Management KB
Frejgatan 13-1478
1 14 79 Stockholm, Sweden
Office: +46 8 559 24 067
[email protected]
Confidential: Yes, 25 Years
Public: no
Circumvention: only involved people
Transaction code: <<>>
Date: 28 July 2017
After all considerations and after consulting all people and companies that we saw fit, we have come to a
harmonious and unanimous agreement on the following.
WHEREAS 1: The Parties hereby agree to engage in the monetization of “cash-backed” Check in the format
provided in Addendum 3 of this Agreement (the “Instrument”) via Courier and a series of investment
programs, of varying terms, to be conducted at global banks as required to raise funds necessary to
finance their individual projects.
WHEREAS 2: FTAM shall make the transfer by Courier of the instrument in the total amount of
€<<>>,000,000.00 (<<>> Hundred Million Euros) to SPACE designated coordinates.
WHEREAS 3: CLIENT undertakes to provide monetization of the Instrument at no less than One hundred
percent (100%) Loan to Value (“LTV”) through the Client Banks.
I. FTAM WILL ISSUE/TRANSFER THE FOLLOWING INSTRUMENT
Type of Instrument: Checks issued by FT Asset Management based on the capital in FT Asset Management
Method of Transmission: Courier
Total Amount: (€100,000,000) ONE HUNDRED MILLION EUROS
Receiver/Beneficiary Name:
MEMO:
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FT Asset Management KB
Frejgatan 13-1478
1 14 79 Stockholm, Sweden
Office: +46 8 559 24 067
[email protected]
Confidential: Yes, 25 Years
Public: no
Circumvention: only involved people
Transaction code: <<>>
Date: 28 July 2017
Under this Agreement, the following steps will be taken:
1. This Agreement will be signed and lodged with respective financial institutions.
2. Within 1 (One) international banking day after step 1, FTAM will send the Confirmation Statement
as shown in 0 and simultaneously make physical delivery of the instruments in the amount of
€<<>>,000,000 via COURIER to the beneficiary.
3. The Beneficiary’s Banks will verify and validate the instruments via telephone verification or by
secured email via written verification documentation. Beneficiary Banks may send direct email to
the CEO of FT Asset Management, FTAM.
4. Within 5 (five) international banking days, following Step 2 and after receipt and presentation of the
instruments, the CLIENT BANK(s) will credit the account of the Client. Client shall send copy of
statement of the credited account to FTAM.
The available settlement for this Instrument is:
a. <<>> opens an account in FT Asset Management’s banking system.
b. FT Asset Management moves the funds that are blocked as collateral behind said Instrument to said
account.
5. Within 1 (One) international banking day after step 4, the Client Bank will distribute the money
according to 0.
Each Party is solely responsible for the management of its affairs in relation to taxation liabilities and the
Parties hereby indemnify each other against any liability to any taxes assessed on or by reference to other
than tax on overall income derived from their own Net Profits.
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FT Asset Management KB
Frejgatan 13-1478
1 14 79 Stockholm, Sweden
Office: +46 8 559 24 067
[email protected]
Confidential: Yes, 25 Years
Public: no
Circumvention: only involved people
Transaction code: <<>>
Date: 28 July 2017
This Agreement shall be withdrawn by the FT Asset Management KB if not fully executed by the receiving
party within Fourteen (14) International Business Days from the Agreement date affixed hereto provided,
however, that FTAM has promptly performed its obligations under this Agreement.
IN WITNESS WHEREOF, the parties hereto declare that they have read and understood this Agreement and
are fully aware of the interpretation of all of the provisions, terms, and conditions herein and further that
they have signed by their hand below, and have accepted and approved all covenants, terms, and
conditions of this Agreement this 28 July 2017.
For and on behalf of
<<>>
For and on behalf of
FT Asset Management KB
By:_____________________
Mr. <<>>, CEO
<<>> Passport No <<>>
Expiry Date: <<>>
By: ____________________
Mr. J.J. van der Most CEO
Dutch Passport No BD6B30L15
Expiry Date: 20 Jan 2025
EDT (Electronic document transmissions) shall be deemed valid and enforceable in respect to any provisions of this Agreement. As
applicable, this Agreement shall be Incorporate U.S. Public Law 106-229, “Electronic Signatures in Global and National Commerce
Act” or such other applicable law conforming to the UNICITRAL Model Law on Electronic Signature (2201) and 2-Electronic
Commerce Agreement (ECE/TRADE/25, Geneva, May 2200) adopted by the United Nations Centre for Trade Facilitation and
Electronic Business (UN/CEFACT). 3-EDT documents shall be subject to European Community Directive No. 95/46/EEC, as
applicable. Either Party may request a hard copy of any document that has been previously transmitted by electronic means
provided however, that any such request shall in no manner delay the parties from performing their respective obligations and
duties under EDT.
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FT Asset Management KB
Frejgatan 13-1478
1 14 79 Stockholm, Sweden
Office: +46 8 559 24 067
[email protected]
Confidential: Yes, 25 Years
Public: no
Circumvention: only involved people
Transaction code: <<>>
Date: 28 July 2017
Addendum 1 Distribution of funds
The LTV will be distributed according to the following schedule:
1. <<>> shall retain 15% (Fifteen percent) of the LTV to cover bank charges and commissions.
2. 85% (Eighty-Five percent) of the LTV for investments that FTAM will implement. FTAM Coordinates to be
provided under separate memo instruction.
The part of this page was intentionally left empty
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FT Asset Management KB
Frejgatan 13-1478
1 14 79 Stockholm, Sweden
Office: +46 8 559 24 067
[email protected]
Confidential: Yes, 25 Years
Public: no
Circumvention: only involved people
Transaction code: <<>>
Date: 28 July 2017
Addendum 2 Confirmation Statement
To: <<>>
Date: <<>>
SAMPLE
SAMPLE
SAMPLE
Dear Mr. <<>>,
We, FT Asset Management KB located at Frejgatan 13-1478, 1 14 79 Stockholm, Sweden, hereby confirm,
with full responsibilities and all authority vested in us under Swedish law, that we have issued 1 (One)
Check (“Instrument”):
Check number
<<>>
Face value
<<>>.000,-- (<<>> Million) US Dollars / Euro
Instrument are fully cash backed, fully transferable, divisible, assignable, and irrevocable and could serve as
collateral for a loan or serve as basis for low(no) risk transactions or could be settled in cash after
acceptance (below more details).
We further hereby warrant and affirm that, the cash funds that are placed as collateral for Instrument for
the period of 1 (one) year and 1 (one) day. Instrument and collateral are free of any liens and
encumbrances and all applicable taxes have been paid. Said cash funds come from earned money by
implementing commercial transactions and are only (no exception) clean, clear funds without any criminal
history.
Instrument is subject to the uniform customs and practices ICC publication 500/600 as it relates to bank
credit Instrument.
Below in this document you will find original Instrument and verification methods.
The part of this page was intentionally left empty
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FT Asset Management KB
Frejgatan 13-1478
1 14 79 Stockholm, Sweden
Office: +46 8 559 24 067
[email protected]
Confidential: Yes, 25 Years
Public: no
Circumvention: only involved people
Transaction code: <<>>
Date: 28 July 2017
Addendum 3
Check
SAMPLE
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FT Asset Management KB
Frejgatan 13-1478
1 14 79 Stockholm, Sweden
Office: +46 8 559 24 067
[email protected]
Confidential: Yes, 25 Years
Public: no
Circumvention: only involved people
Transaction code: <<>>
Date: 28 July 2017
Addendum 4 FT ASSET MANAGEMENT DATASHEET
Business name:
Address:
BIC/SWIFT Code:
Website:
Phone (land line):
County of registration:
Registration number:
FT Asset Management KB ("Kommanditbolag" = Limited Partnership)
Frejgatan 13-1478, 1 14 79 Stockholm, Sweden
ASGASES1 (for verifications only)
www.ftassetmanagement.com
+46 8 44 683 652
Stockholm
969777-7549
Date of registration:
16th December 2015
Verify with Chamber of Commerce, Sweden: https://foretagsfakta.bolagsverket.se
You may want to download:
Certificate of Registration:
http://www.ftassetmanagement.com/documents/Certificate%20of%20Registration.pdf
Register against Money Laundering:
http://www.ftassetmanagement.com/documents/Register%20against%20Money%20Laudering.pdf
Registration of Trustee:
http://www.ftassetmanagement.com/documents/Registration%20of%20Trustee.pdf
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FT Asset Management KB
Frejgatan 13-1478
1 14 79 Stockholm, Sweden
Office: +46 8 559 24 067
[email protected]
Confidential: Yes, 25 Years
Public: no
Circumvention: only involved people
Addendum 5 Company information CLIENT
Page 10 of 11
Transaction code: <<>>
Date: 28 July 2017
FT Asset Management KB
Frejgatan 13-1478
1 14 79 Stockholm, Sweden
Office: +46 8 559 24 067
[email protected]
Confidential: Yes, 25 Years
Public: no
Circumvention: only involved people
Transaction code: <<>>
Date: 28 July 2017
Addendum 6 Passport Mr. <<>>
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