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 Lessorhas agreed to issue BG/SBLC for Lease and both Parties hereby agree to the following:
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). MinimumFace 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 AmoXXXXXXXX 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) LESSEESUBMITS TO LESSOR THISSIGNED AGREEMENT,TOGETHER WITH CLIENT INFORMATION SHEET,CORPORATE BOARD RESOLUTION, NON-SOLICITATION LETTER, SIGNATORY'S PASSPORT COPY, CORPORATE REGISTRATIONANDTHEIRREVOCABLE MASTER FEE PROTECTION AGREEMENT.(B) LESSEEPROVIDES 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’SFULL BANKING COORDINATES.
3) / WITHIN THREE (3) BANKING DAYS AFTER SIGNING AND LODGING OF THIS AGREEMENT, LESSEE SHALL ISSUE BLOCKED FUNDOR 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 FUNDVIA 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 10 BANKING DAYS.
5) / WITHIN THREE (3) BANKING DAYS OF RECEIPTOF 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 ABOVEMT-760BANK GUARANTEE (BG), LESSEE'SPAYING BANK SHALL RELEASE THE AGREED FUNDS TO LESSOR’S DESIGNATED BANK ACCOUNT, AND SIMULTANEOUSLY LESSEEPAYS 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 BANKBONDED COURIER.
8) / ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPERSOLICITATION ORDISCLOSURE INVOLVING ANY OF THE BANKS CONCERNED INTHIS TRANSACTION WILL RESULT IN IMMEDIATE CANCELLATION OF THISTRANSACTION 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 NAMEBANK 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 POFAND 12% PAYMENT
BENEFICIARYBANK NAME
BANK ADDRESS
ACCOUNT NUMBER
ACCOUNT NAME
ABA ROUTING
SWIFT CODE
BANK OFFICER
BANK TELEPHONE
BANK FAX
BANKER’S E-MAIL
SPECIAL INSTRUCTIONS: / UPON RECEIPT OF FUNDS, PAYMASTER TO SEND NOTIFICATION BY EMAIL TO THE DESIGNATED BENEFICIARIES IN GROUP #1 AT AND, RESPECTIVELY.
REQUIRED MESSAGE: / ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN, AND ARE IMMEDIATELY PAYABLE IN CASH”
LESSEEBANKING 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:
LESSEEBANKING 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 AUTHORIZATIONOFOTHERPARTY,SHALLBECONSIDEREDASABREACHOFCONTRACTANDWILLMAKEADEFAULTEDPARTY TOBE ACTIONABLEFORDAMAGESSUSTAINEDHEREBY.EACHPARTYISNOTALLOWEDTOCONTACTTHEOTHERPARTY'S BANKWITHOUTEXPRESSEDWRITTENPERMISSION.ANYLESSOR ATTEMPTINGTODOSOWILLLEADTOCANCELLATIONOF THIS FINANCINGAGREEMENT.
SPECIAL CONDITIONS
ANY UNAUTHORIZEDCALLS BY ANY PARTYOR ITS REPRESENTATIVE LAWYERSTO PROBE ORCOMMUNICATION IN ANIMPROPER WAYTOLESSOR’S OR LESSEE’S BANK(S) IN THIS FINANCINGSHALL BEPROHIBITTED ANDCONTRACT 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.
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.
(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-CIRCUMVENTIONNON-DISCLOSURE
THEPARTIESHEREINAGREETHENON-CIRCUMVENTION/NON-DISCLOSURERULESOFICC,LATESTEDITION,SHALLAPPLYTOTHETRANSACTIONFORAPERIODOF(5)FIVEYEARSFROMTHEDATEOFEXECUTIONOF THISAGREEMENTBYTHEUNDERSIGNED,HIS/HERASSIGNS,AGENTS,AND/ORHEIRS.THISNC/NDALSOAPPLIESTO ANYANDALLOTHER TRANSACTIONSDIRECTORINDIRECT.REGARDINGTHISTRANSACTIONANDITSPOSSIBLE 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 NECESSARYFOR COMPLETION OFTHISFINANCING.
AFTER CONFIRMATION, BY SIGNATURE AND SEAL, THIS DOCUMENT WILL BE EFFECTIVE EQUAL AS AN AGREEMENT/CONTRACT. EACHPARTYHOLDSONEOFTHEEFFECTIVEAGREEMENT/CONTRACTSBYTHEIREXECUTIONBELOW,THE PARTIESHERETOAGREETOTHEGENERALTERMSAND ALL CONDITIONSHEREINANDWARRANTUNTOTHEOTHERTHEENTIRE AGREEMENTBETWEENPARTIES.
IN WITNESS WHEREOF THE PARTIES EXECUTED THIS AGREEMENT ON THE DATE BELOW WRITTEN.
signed BY THE LESSEE
<SEAL>
______Date: 25 October 2018
Name:
Title:
Passport No.:
Country:
Issue Date:
Expiry Date:
signed BY THE LESSEE
<SEAL>
______Date: 25 October 2018
Name:
Title:
Passport No.:
Country:
Issue Date:
Expiry Date:
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 THEBG/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/LESSEEPROVIDES HIS BANK OPINIONLETTER 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 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 ARECURRENTLY PUT ON ADMINISTRATIVEHOLD 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 BANK OFFICER NAME
TITLE TITLE
PIN NO: 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 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: NAME:
TITLE: TITLE:
I AGREE TO ISSUE ANY ONE OF THE MT799 AS PER VERBIAGES ABOVE AFTER GETTING THE COUNTERSIGNED CONTRACT FROM THE PROVIDER.
Signed this25 October 2018
<SEAL>
______Date: 25 October 2018 …………
Signatory Name:
Title: Director
Passport No.:
Country:
Date of Issue:
Date of Expiration:
APPENDIX B
DRAFT SWIFT OFPRE-ADVICE VIA MT-799
(SPECIMEN COPY – FINAL VERBIAGE AS PER ISSUING BANK STANDARD FORMAT)
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 BGAS 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 OFxxxxxxxxxxxxxxxxxxxx.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.