LOI/RWAFOR BANK INStRUMENT LEASEAGREEMENT
CLIENTNAME: InternationalInvestment Limited
x
BANKINSTRUMENT: SBLC SBLC MTN
FACE VALUE AMOUNT: EUR USD
PURPOSE OF THE INSTRUMENT: Loan instrument
NAME & EMAIL ADDRESS OF BROKER THATDIRECTED YOU TO US:
ThisAgreement is made and enter into the date xx/xx/xxxx, by and between the party described below:
TheSENDER’S information
Corporate Name
LIBRA (XXXXXXXX) HOLDING LTD
Mailing Address
CHASE BUSINESS CENTRE (CHD) 39-41 CHASE SIDE LONDON ENGLAND N14 5BP
Company Reg. Country
UNITED KINGDOM
Represented By
Title
XXXXXXXXXXXXX
EXECUTIVE DIRECTOR
Passport No
Nationality
Direct Mobile
Telephone No
Direct Email
GC30XXXXXX
+86 15XXXXXXXXXX588
+86 1536XXXXXXXXXX1588
3649XXXXXXXX2@QQ.COM(Hereinafterreferred to the 'SENDER’ on one part) and
TheRECEIVER’S information:
Corporate Name
Mailing Address
Company Reg.
Country
Represented By
Title
Passport.no
Nationality
Direct Tel No
Direct Email add
(Hereinafterrefered to the 'RECEIVER’ on the other part)
WHEREAS, the RECEIVER desires to leaseSBLC from the SENDER. RECEIVER confirmswith full corporate and legal responsibility that funds are available tofulfill the requirements for the Leasing of the instrument and are ready andfurther confirms to cooperate with the SENDER.
WHEREAS, the SENDER desires to lease,transfer and assign all rights title and interest of the SBLC available to the RECEIVER. SENDERrepresents and warrants that it has the ability and resources to arrangethrough associates, contacts and sources, with full corporate responsibility,financial instruments per the terms of assignments to be provided to RECEIVER.SENDER hereby declares under penalty of perjury that the SBLC will be backed by funds that are good,clean, clear, and free of non-criminal origin. The SBLC will be free and clear of all liens,encumbrances and third party interests.
NOW THEREFORE, the RECEIVER has agreed tolease the SBLC at total of 8% of Face Value (plus) consultant fees (2%)for the instruments requested and SENDER has agreed to issue the SBLC for lease and both Parties hereby agree to thefollowing:
1.
Instrument:
SBLC
2.
Total Face Value:
xB USD
3.
Issuing Bank:
HSBC BANK PLC. LONDON
4.
Leasing Fee:
6% of Full Face Value +O.5% bank charges + 2% commission to be shared 50-50 as specified here below
5.
6.
7.
Payment:
Verbiage:
Confirmation:
After signing the contract, SENDER sends signed contract in PDF form, invoice and undertaking letter with instruction letter instructing his bank to proceed with SWIFT MT799 and MT760 after confirmation of bank handling charges to send SWIFT to RECEIVER’s provided account
As per receiving bank approved verbiage
By bank-to-bank communication
8.
9.
10.
Hard Copy:
Bank Charges:
Instrument:
Bonded courier within 7 banking days
Refundable within 30days
Extendable up to 10 years
PROCEDURE:
1. SENDER and RECEIVER toexecute, sign and initial this Deed of Agreement which thereby automaticallybecomes a full recourse commercial contract after Receiverapplication has been accepted by the SENDER.
2. Within 3 days after bothparties signed the Agreement, SENDER submits the contract to his bank forrecord. SENDER sends copy of the signed contract by PDF form and copy of theinstruction letter which he sends to his bank to RECEIVER and invoice withundertaking letter. RECEIVER receives the documents and makes payment for theSwift Transmission andPortfolio Reservation’ bank handling charges before Sender'sbank will send the SWIFT MT799 and MT760.
3. Within 24 hrs afterRECEIVER receives copy of the instructions letter and invoice with UndertakingLetter, Receiver pays the bankcharges(0.5%),the REVEIVERsends wire transfer copy to SENDER for his confirmation before his bank willsend the SWIFT MT799 and MT760.
4. Within 3 banking daysafter confirmation of the payment of the bank charges,the sender send the SWIFT MT799 and MT760 to Receiver bank, Sender bank sends thefirst SWIFT MT799 and the following day Sender'sbank sends SWIFT MT760 to Receiver bank co-ordinates. SENDER sends copies ofthe SWIFT MT799 and MT760 to RECEIVER for his confirmation.
5. Within 1 banking days, RECEIVER pays 6% the leasing fee. Sender's bank sends the hard copy of the SBLC/SBLC/MTN to Receiver bank by bondedcourier. Within 24 hours Receiver bank confirms the hard copy, RECEIVER pays thebrokers their fees.
Should RECEIVER defaults to payaccording to as agreed in the contract, the SENDER will instruct the issuingbank to put a claim on the SBLC and thereby forcing the Receiver bank to return the SBLC bySWIFT MT760 back to the issuing bank.
DEFAULT AND PENALTY
Any default in this concern will cause the automatic cancellationof this Agreement and the injured Party will have full right to initiate legalaction demanding compensation of damages and prejudices for the amount of up to1% (One percent) of the face value.
NON-SOLICITATION
The RECEIVER hereby confirms anddeclares that the SENDER, its associates or representatives or any person orpersons on its behalf, has/have never ever solicited the RECEIVER, its shareholdersor associates or representatives, in any way whatsoever that can be construedas a solicitation for this transaction or for future transactions.
FORCE MAJEURE
Any delay in or failure ofperformance by either party of their respective obligations under thisagreement shall not constitute a breach here under or give rise to any claims for damages if,and to the extent that such delays or failures in performance are caused byevents or circumstance beyond the control of such party.
The term “Beyond the Control ofSuch Party” include lawful order of Government or Authority, Act of War,rebellion or sabotage, fire, flood, earthquake or other natural disasters. Anyother causes not within the control of such party or which is by exercise ofreasonable diligence, the party will be unable to foresee or prevent or remedy.
ARBITRATION
All disputes and questionswhatsoever which arises between the parties to this agreement and touching onthis agreement on the construction or application thereof or any account cost,liability to be made hereunder or as to anyact or way relating to this agreement shall be settled by the arbitration inaccordance with the arbitration laws of the ICC.
This agreement contains theentire agreement and understanding concerning the subject matter hereof andsupersedes and replaces all prior negotiations and proposed agreements, writtenor oral. Neither of the parties may alter, amend, nor modify this agreement,except by an instrument in writing signed by both parties. This agreement willbe governed by and construed in accordance with the laws of UK. In the event that either party shall berequired to bring any legal actions against the other it enforce any of theterms of this agreement, the prevailing party shall be entitled to recoverreasonably attorney fees and costs.
For and on behalf of the RECEIVER:
For and on behalf of the SENDER:
________________________________
___________________________________
Name:
Name: XXXX
Passport #:
Passport #: GC30XXXXXXXXXXX
Nationality:
Nationality: XXXXXXXXXXX
Issue date:
Date of Issue: MAY 02,2013
Expiry date:
Date of Expiry: MAY02,2018
TheSENDER and RECEIVER agree to the following banking co-ordinates pertaining tothe agreement herein above stated:
SENDER’SBANK CO-ORDINATES TO ISSUE SBLC:
Bank Name
Bank Address
Account Holder
Bank Officer
SWIFT Code
Account Number
SENDERBANK CO-ORDINATES TO BANK CHAGE( 0.5%):
Bank Name
Bank Address
Account Holder
Bank Officer
SWIFT Code
Account Number
SENDERBANK CO-ORDINATES TO RECEIVE BANK CHARGES (6%):
Bank Name
Bank Address
Account Holder
Bank Officer
SWIFT Code
Account Number
SENDER RESERVES the right TO USE ANY BANK ACCOUNT TORECEIVE BANK charges OR HIS FEE. (IT’S OUR BANK REGULATIONS AND PROCEDURE)
RECEIVER’SBANK CO-ORDINATES TO SBLC :
Bank Name
Bank Address
Bank Officer
Secured Tel:
SWIFT Code
Account Holder
Account Number
Signatory Name
RECEIVER'SBANK CO-ORDINATES TO PAY FEES:
Bank Name
Bank Address
Bank Officer
Secured Tel:
SWIFT Code
Account Holder
Account Number
Signatory Name
RECEIVER’SRESERVES the right TO USE ANY OF HIS BANK ACCOUNT TO PAY FEE AND received hisinstruments. (IT’S YOUR BANK REGULATIONS AND PROCEDURE)
“EXHIBITA”
SAMPLE REFUND UNDERTAKINGLETTER
(Text may vary in substance butthe essential undertaking must be maintained)
Transaction Code : xxx
Attn :XXX CLIENT NAME XXX
XXX CLIENT ADDRESS XXX
00/00/2016.
Dear Sir,
Subject: Irrevocable Corporate Refund Undertaking
We hereby confirm with full corporate responsibility under penaltyof perjury that we are ready, Willing and able to deliver a Fresh Cut SBLC for total face value of $€00,000,000.00 (AMOUNT IN WORD) from our issuing BANK <Name& Address of SBLC/SBLC Issuing Bank>, asagreed in the Deed of Agreement to your bank coordinates with <ACCOUNT Name& ACCOUNT NUMBER of SBLC/SBLC/MTN FROM RECEIVING Bank>, within 72hours upon confirmation of your wire transferof $€00,000.00 (AMOUNT IN WORD) being the bank charges todeliver BY SWIFT MT799 FOLLOWED BY MT760 to your nominated bank account below.
RECEIVER’s Full Banking Coordinates.
BANK NAME : xxx
BANK ADDRESS : xxx
ACCOUNT NAME : xxx
ACCOUNT NUMBER : xxx
BANK OFFICER : xxx
SWIFT CODE : xxx
TEL : xxx
FAX : xxx
We however, agreeto refund immediatelyto youthe $€00,000.00 (AMOUNT IN WORD) WITHIN 30 BANKING DAYS AFTER IF WE FAILTO deliver the SBLC/SBLC/MTN by Swift MT760 as stated inthe contract.
For and on behalf of
XXXX
OFFICER SIGNATURE
OFFICER NAME
TITLE
“EXHIBIT b”
SAMPLE INVOICE FOR EXTERNALAUDITORS’ FEES FOR SWIFT HARMONIZATION TO SEND
SWIFT MT799 AND MT760
(Text may vary in substance butthe essential undertaking must be maintained)
Transaction Code : xxx
Attn :XXX CLIENT NAME XXX
XXX CLIENT ADDRESS XXX
00/00/2016.
Dear Sir,
Invoice No: 00000
We hereby submit our invoice for the wire transfer payment of $€00,000.00 (AMOUNT IN WORD) being the BANK CHARGES TO SEND MT799 AND MT760 BYSWIFT for a fresh cut SBLC of $€00,000,000.00(AMOUNT IN WORD) which our issuing bank will send by Swift MT760 to yourreceiving bank account as stated in our deed ofagreement.
Kindly transfer the total sum of us$00,000.00 (AMOUNT IN WORD) beingthe bank transmission charges into our provided bank account below and send aconfirmation copy.
Provider’s Bank Account to Receive Bank Charges
BANK NAME :
BANK ADDRESS :
SWIFT CODE :
ACCOUNT NO :
BENEFICIARY :
FURTHER CREDIT TO :
For and on behalf of
XXXX
OFFICER SIGNATURE
OFFICER NAME
TITLE
EXHIBITB1
SWIFTMT 799 FORMAT MESSAGE
(From Sender’s Bank To Receiver’s Bank)
----------------------------------------------------------------------Instance Type and Transmission--------------------------------------------
Sender : ISSUING’SBANK Receiver: FUNDING’S BANK
………………………………………………………………………………………………………
PARTY A’S BANKINGDETAILS:
BANK NAME:
ADDRESS:
ACCOUNTNUMBER:
ACCOUNTHOLDER:
SWIFTCODE:
BANK OFFICER:
TEL.NUMBER:
----- --------------------------------------------------------- MessageText ---------------------------------------------------------------------
AS PER MAKING A PRIVATE FUNDINGAGREEMENT BETWEEN YOUR BANK’S CLIENT, ----------- AND _________________ LTD,WE CONFIRM THAT___________________LIMITED READY, WILLING AND ABLE TO RECEIVE THE FUND AND COMPLETE THE TRANSACDION, WE REQUEST YOU TO CONFIRM AND REPLY OUR BANK VIA MT 199/799THAT___________________ LIMITED ARE READY, WILLING AND ABLE TO RECEIVE THEBANK GUARANTEE IN usdxB TO BE ISSUED BY HSBC BANK. with normal exclusions.
FOR AND ON BEHALF OF __________________BANK SIGNED BY SIGNEDBY ____________________________________ TITLE TITLE
“EXHIBITd”
SAMPLE SWIFT MT760 FROM ISSUINGBANK TO RECEIVER BANK
(Text may vary in substance butthe essential undertaking must be maintained)
(EXAMPLEOF BANK GUARNATEE FOR REFERENCE ONLY)
FORTHE VALUE RECEIVED, WE, BANK NAME----, ADDRESS AT ---------------------------WITH FULL BANK RESPONSIBILITY
HEREBYIRREVOCABLY AND UNCONDITIONALLY, WITHOUT PROTEST OR NOTIFICATION PROMISE TO PAYAGAINST
THIS CASH BACKED BANK GUARANTEE NO:---------------------- IN FAVOUR OF ---------------------------
LIMITED,REPRESENTEDBY MR. ----------------WITH PASSPORT:---------------,OR THE BEARER AND/ORHOLDER
THEREOF,THE SUM OF --------------------------- IN THE LAWFUL CURRENCY OF---------------------------, AT FIRST
DEMAND,UPONPRESENTATION AND SURRENDER OF THIS BANK GUARANTEE, AT OUR COUNTERS,ON MATURITY
DATE,ANDNOT LATER THAN FIFTEEN DAYS AFTER THE MATURITY DATE.
SUCHPAYMENT WILL BE MADE WITHOUT SET-OFF AND SHALL BE FREE AND CLEAR OF ANYDEDUCTIONS,
CHARGES,FEES,ORWITHHOLDINGS OF ANY NATURE,NOW OR HEREAFTER IMPOSED,LEVIED,COLLECTED,WITHHELD
ORASSESSED BY THE GOVERNMENT OF THE COUNTRY OF THE ISSUING BANK, OR ANY POLITICALSUBDIVISIONS OF
AUTHORITYTHEREOF OR THEREIN.THIS BANK GUARANTEE IS TRANSFERABLE,DIVISIBLE AND ASSIGNABLE
WITHOUTPRESENTATION TO US OR PAYMENT OF ANY TRANSFER OR ASSIGNABLE FEE. WE HEREBYCONFIRM THAT
THEFUNDS ARE GOOD, CLEAN AND CLEARED FUNDS OF NON-CRIMINAL ORIGIN, AND FROM ALEGAL SOURCE, AND
SATISFYTHE INTHRNATIONAL REQUIREMENTS OF A.M.L, ANTI-TERRORISM ANTI DRUG LAWS.
THISBANK GUARANTEE IS SUBJECT TO THE UNIFORM RULES FOR BANK GUARANTEE UNDER ICCPUBLICATION NO.
758AND IT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF---------------------------.
VALIDATIONAND AUTHENTICATION PROCEDURES RELATIVE TO THIS INSTRUMENT IS CONDUCTED BANK TOBANK
BASISVIA SWIFT ONLY
THISIS A FULLY PERFORMED AND OPERATIVE INSTRUMENT AND NO MAIL CONFIRMATION SHALLFOLLOW.
FORAND ON BEHALF OF:
SENDINGBANK
BANKOFFICER BANK OFFICEER
(NO.) (NO. )
TITLE TITLE
FEE PROTECTION AGREEMENT
Both SENDER and RECEIVER agreethat the RECEIVER’s and SENDER's agents are entitled to 1% of the SBLC face value commission fees. Thesecommission fees will be shared between the SENDER’s and RECEIVER’s agents asspecified here below.
The parties agree that thecommission fees stated are compensation for services rendered and areirrevocably and unconditionally guaranteed to be paid by the RECEIVER to theagents and intermediaries listed in this FPA by wire transfer simultaneouslywith the RECEIVER’s payment of 1% ofthe face value of the SBLCas Leasing fee to the SENDER for every tranche and/or transaction of the SBLC. The commission fees will be free of legalimpediment and free of any deductions, excluding bank transfer fees, for thisand all subsequent transactions between the parties.
In consideration of the mutualbenefits to be derived by the associates or affiliated individuals, agents,companies, designees, trustees or executors, it is understood and agreed thatthe parties hereto are mutually desirous of effecting this business transactionin co-operation with one another for their mutual benefit and all signatoryparties agree to abide by the following terms and conditions:
1. Each partyagrees that they will not make any contact with, deal with or be involved withindividuals, trader and investor introduced by another signatories withoutspecific permission of the introduced signatory for the Investor.
2. Thesignatory agrees to keep confidential the identity of and all contacts soprovided by any other signatories.
3. The partieshereto agree that all commissions or fees as agreed by the parties shall bepaid in full at the end of every transaction.
4. This agreementshall be legally binding on the parties hereto, their principals, employees,representatives, agents and assigns in all countries of the world.
5. The partieshereto affirm that in every case they will act with the highest standards ofethics and honesty in all their dealings.
6. Thisagreement shall be respected and honored at all times, unless otherwisemutually agreed upon and any party will permit no attempt or hint ofcircumvention.
Each of the above parties agreeand understand that any overt or covert action of circumvention prescribed bythis agreement shall be a fraudulent act against the other party and will besubject to judicial action, recompense for damages, possible punitive damagesand injunctive relief imposed by the legal process.
Both parties hereby agree thatthe agents and intermediaries referred to in this FPA shall be as follows:
TOTALCOMMISSION FEE OF 2% (TWO PERCENT) OF FACE VALUE IN EURO/USD PAID BY THERECEIVER TO BE SHARED EQUALLY AS FOLLOW:
TOTALCOMMISSION OF ONE [1%] TO RECEIVER'S SIDE
PARTICULARS
PAYMASTER 1
Name
Law Firm Address
Law Firm Telephone #
Law Firm Facsimile #
E-mail
Bank Name
Bank Address
ABA Routing Number
Account Number
Account Name
SWIFT
Bank Officer
Bank Telephone
Beneficiary:
Special Instructions:
Required Message:
ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN, AND ARE IMMEDIATELY PAYABLE IN CASH”
TOTALCOMMISSION OF ONE [1%] TO SENDER'S SIDE
PARTICULARS
PAYMASTER 1
Name
Law Firm Address
Law Firm Telephone #
Law Firm Facsimile #
E-mail
Bank Name
Bank Address
ABA Routing Number
Account Number
Account Name
SWIFT
Bank Officer
Bank Telephone
Beneficiary:
Special Instructions:
Required Message:
ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN, AND ARE IMMEDIATELY PAYABLE IN CASH”
This Fee Protection Agreementhas been agreed and executed by the undersigned on the dateof ______________________ 2016.
For and on behalf of the RECEIVER:
For and on behalf of the SENDER:
___________________________________________
_________________________________________
Name:
Name: XXXXXXX
Passport #:
Passport #: GC30XX1737
Nationality:
Nationality: XXXXXX
Issue date:
Date of Issue: MAY 02,2013
Expiry date:
Date of Expiry: MAY02,2018
(RECEIVER’S PASSPORT IN COLOUR COPY)
(RECEIVER’S COMPANY REGISTRATION COPY)
(PROVIDER’S PASSPORT IN COLOUR COPY)
