will (Login clearverbiage) Banking Forum Group from IP address 220.255.7.162
Guys,
Just received this.
please comment as there are a load of these going around.
Will
LETTER OF AGREEMENT (LOA)
Date: Month Day, 2009
To: Provider
Attn: Mr.
I, Mr./Mrs. .................... holder of Passport No.: ..................., authorized signatory as Director of (hereinafter referred as The Buyer) hereby confirm with full legal responsibility, under penalty of perjury of law that we are ready, willing and able to purchase the following bank instruments, under the conditions described below with good, clean clear unencumbered funds of non-criminal origin.
Bank Instruments Particulars:
Instruments BANK GUARANTEE, ICC NUMBER 458 or 500/600
Currency: Euros
Bank Menu: HSBC, Deutsche Bank, BNP Paribas, Barclays, Credit Suisse or ABN AMRO
Contract Amount: 10,000,000,000.00 (10 Billion Euros)
Tranches: Minimum tranche 100,000,000.00 (One Hundred Million Euros)
Term: One (1) year and One (1) day
Age: Fresh Cut; Cash back
Interest: Zero Coupons
Invoice Price: 68% of bank guarantee total face value plus Consultancy Fees of 1% or better
Consultant Fee: 1% (One Percent) of total face value payable by Buyer to Paymasters of Sell and Buy Consultants split equally
Screening: EUROCLEAR
Payment Mode: Conditional MT 103, funds move first
Closing Procedures for the Transaction:
1. The Buyer submits this LOA with full Banking Coordinates, Fund Availability Statement, Authorization To Verify, Approval of Draft MT103/23 verbiage, Desired Tranche Schedule, Corporate Profile (Clients Information Sheet), Board of Directors Resolution, Non Solicitation Letter, Consulting Fees Agreement and a clear large color copy of the Buyer Signatorys passport.
2. Within two (2) International Banking days the Seller completes initial due diligence including verification of funds, signs this LOA providing Sellers full Banking Coordinates and returns it to the Buyer. The LOA upon being signed and returned by the Seller to the Buyer shall then become a formal legally binding Contract between both parties.
3. After signing and returning of this LOA, both parties shall immediately lodge the LOA with their respective Banks.
4. Within Two (2) International Banking days the Buyer shall officially inform the Seller by email/fax the Window Time to send S.W.I.F.T. MT103/23 to the Sellers Bank and the Seller will advise of their Bank readiness to receive the MT103/23. At the appointed Window Time the Buyer shall cause its Bank to SWIFT the verifiable MT 103/23 without delay.
5. Within One (1) International Banking days the Sellers Bank will verify, authenticate and validate the received Funding Instrument MT103/23. Within Five (5) Banking days, upon successful verification, Seller will transmit via email or fax, a Corporate Invoice to Buyers coordinates, containing: CUSIP/Registration Numbers, Custodial Safekeeping Receipt Numbers, ISIN Numbers, Term, Text of Instruments, Denominations, Name(s) of Issuing Bank(s), Date of Issue, Date of Maturity, Access Code and all pertinent data necessary for the Buyers Bank to authenticate and validate the data of the invoiced Instrument via Euroclear or DTC.
6. Buyers Bank will authenticate and validate the invoiced Bank Guarantee Instrument and confirm satisfaction to Sellers Bank marking the conclusion of the delivery of the First Tranche. Buyers Bank shall within Eight (8) international banking hours release full payment to Sellers designated Bank according to the MT103/23.
7. Within Eight (8) International Banking hours after receipt of clear funds, Sellers Bank will electronically deliver the Bank Guarantee by (MT 760 Swift) and deliver hard copy Bank Guarantee Instruments within Seven (7) International Banking days to the Buyer or his Bank as specified in the Funding Instrument.
8. Simultaneously with the Buyer releasing full payment to the Seller, the Buyers Bank shall effect payment to the Consultants Paymasters according to the Consulting Fees Agreement (CFA) without delay or withholding.
9. The Consulting Fees Agreement (CFA) referenced with the Transaction, Buyers, and Sellers Codes shall be made an integral part of any LOA and/or Contract as an attachment.
The above procedures shall be repeated for subsequent tranches.
BUYERS BANKING CO-ORDINATES:-
Name of Bank:
Bank Address:
SWIFT Code:
Account Name:
Account Number:
IBAN Number:
Bank Officer/Title:
Bank Officer Telephone:
Bank Officer Fax:
SELLERS BANKING CO-ORDINATES:
(TO RECEIVE SWIFT MT 103 AND IF AGREED AN ALTERNATIVE PAYMENT FORMAT)
Name of Bank:
Bank Address:
SWIFT Code:
Account Name:
Account Number:
IBAN Number:
Bank Officer/Title:
Bank Officer Telephone:
Bank Officer 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 party attempting to do so will lead to cancellation of the transaction.
ARBITRATION
The Parties agree to settle any dispute arising between them on an amicable manner. In the event of failure to an amicable settlement, the Parties agree to submit any irreconcilable to ICC office in Geneva, Switzerland, by three arbitrary appointed in accordance with ICC rules.
ASSIGNMENT
Neither Party may assign or delegate its interest or duties without prior written consent of the other Party.
SEVERABILITY
In the event that one of the articles or addendum of this Agreement is considered void and enforceable, the whole LOA is considered enforceable and cease to exist. The Parties shall in good faith negotiate with any possible correction to the above even in order to prevent the dissolution of the entire LOA.
AGREEMENT EXECUTION
Each party to this LOA represent that it has Full Legal Authority to execute this LOA and that each party agrees to be bound by Terms and Conditions set forth herein each Party agrees that this LOA may be executed simultaneously by and between Parties via Telefax or Facsimile Transmission which should be deemed as Original. All statements made by either party are under penalty of perjury.
FORCE MAJEURE
Neither Party to this LOA shall be responsible for Breach of Contract caused by an act of God, Civil Insurrections, Military War Operation or local Emergency The Parties hereby accept the International Provision of the FORCE MAJEURE as defined by ICC 458, Publications, whichever relates to the Bank Guarantee issuance applies.
NON CIRCUMVENTION & NON DISCLOSURE
The parties herein agree the non-circumvention / non-disclosure rules of all issues from ICC, and the 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 extension and roll over, 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 transaction.
CONDITION
The Commission shall be paid in accordance with the Terms and Conditions as stated in the Consulting Fee Agreement which shall become an integral part of the LOA.
After confirming, by signature and seal and both the Buyer and Seller, this Letter of Agreement will be effective equal as a contractual binding agreement. By their execution below, the parties hereto agree to the general terms and conditions herein and warrant onto the other the entire agreement between parties.
EXECUTED BY THE BUYER THIS.....TH DAY OF ......, 2009
_____________________________ SEAL
Signatory Name:
Title:
Passport:
Country:
Date of Issue:
Date of Expiration:
ACCEPTED BY THE SELLER THIS.....TH DAY OF ......, 2008
For and On Behalf of:
_____________________________ SEAL
Signatory Name:
Title:
Passport:
Country:
Date of Issue:
Date of Expiration:
EXHIBIT A
BANK GUARANTEE VERBIAGE ICC (URDG 458 or 500/600)
(Specimen copy Final verbiage as per issuing Bank standard ICC format)
Name of Advising Bank: Buyers Bank,
Bank SWIFT Code: .
Attention Bank Officer/Title: Mr
Title
Name of Issuing Bank: .
Issuing Bank Address: ..
Bank SWIFT Code: ..
Bank Officer: ..
Bank Guarantee Number: ..
Beneficiary: ...
Address:
Currency: EURO
Amount:
Issuing Date:
Maturity Date:
For the value received, we, the undersigned, ., hereby issue our irrevocable, unconditional, transferable, divisible, and without protest or notification, promise to pay against this Bank Guarantee to the order of (Beneficiary) ..,the bearer or holder thereof, at maturity, the sum of ..(EUROmillion only) in the lawful currency of The upon presentation and surrender of this Bank Guarantee at any of the counters of .
Such payment shall be made without set-off and free and clear of any deductions, charges, fees, or withholding of any nature presently or in the future imposed, levied, collected, withheld or assessed by the Government of [Country of Issue] or any political subdivision or authority and therein and thereof. This Bank Guarantee is divisible, assignable and transferable without presentation of it to us and without the payment of any transfer fee or charges.
This Bank Guarantee is governed by the Uniform Customs and Practice for Bank Guarantee as set forth by The International chamber of Commerce, Uniform Rules for Demand Guarantees, (ICC Publication No. 458 or 500/600).
This Bank Guarantee shall be governed by and shall be construed in accordance with the laws of [Country of Issue]. This Bank Guarantee is an operative instrument.
For and on behalf of (name of the issuing Bank)
Authorized Officer Authorized Officer
(Name, Title, Pin Code) (Name, Title, Pin Code)
Text reviewed and agreed by Buyer and Buyers Bank: (Buyer Signature) Month Day, 2008
AUTHORIZATION TO VERIFY AND AUTHENTICATE
Date: Month Day, 2009
To: Provider
Transaction Code:
Know all men by these presence that I, (Mr. / Mrs. Full Name of Signatory), holder of the Passport Number: 00000000000 for and on behalf of (Full Company Name), give notice that you have permission and specific authorization to confirm and authenticate our legally owned, clear, good, clean and of no encumbrance funds in the amount of XXX Hundred Million EURO only ( XXX,000,000.00) is available as cash funds on a bank to bank basis, which are currently available at the bank coordinates identified below:
Bank Name:
Bank Address:
Total Amount: XXX EURO ( XXX,000,000.000)
Bank SWIFT Code:
Bank Account No.:
Account Holder:
Account Signatories:
Bank Officers:
Telephone No.:
Fax No.:
We agree to hold our funds available for the transaction involving the purchase of bank instruments. This exclusive authority and engagement shall continue fully effective until cancelled in writing by me.
In witness whereof, I hereby executed this document affixing my signature on this 00th, day of Month in the year 2009.
Signatory Name: Name:
Passport Number: Passport Number:
Country of Issue: Country of Issue:
SAMPLE TEXT OF S.W.I.F.T. MT 103
To: (Sellers Bank Name)
Address: (Address)
SWIFT Code: (..................................)
Bank Officer: (Bank Officers Name & Title)
For Account of: (Sellers Account Name)
Account No.: (Sellers Account Number)
Iban No: (Sellers IBAN Number)
From: (Buyers Bank Name)
Address: (Address)
SWIFT Code: (...................................)
Bank Officer: (Bank Officers Name & Title)
By Order of: (Buyers Account Name)
Account No.: (Buyers Account Number)
Iban No: (Sellers IBAN Number)
Transaction Code: (Transaction Code)
For and on behalf of (Name of Buyer) and at the request of (Mr. / Mrs. Buyer Signatory Name) we, (Name of Buyers Bank), of (Bank Address), hereby present our irrevocable, assignable, transferable and Callable Cash Backed SWIFT wire transfer MT 103, conditional in your favour for credit of (Name of Sellers Bank), Account Number ______________ in the amount of XXX,000,000.00 (XXX Hundred Million EURO) for the purchase of the Bank Instruments herein described by verification of Registration Numbers corresponding with the issued Callable Custodial Safekeeping Receipts with Physical Delivery to be made thereafter. This S.W.I.F.T. is conditional upon our accepting the Issued Corporate Invoice.
We hereby confirm that the funds are good, clean and cleared funds of non-criminal origin and are from a legal source.
This irrevocable S.W.I.F.T. is a binding fully performed due bill and is immediately callable on us for cash payment against the corporate invoice in three (3) Banking days conditional upon positive authentication and validation of the invoice to be issued regarding the Bank Instruments specified.
Page 1 of 2 SAMPLE TEXT OF S.W.I.F.T. MT 103 /23
Text reviewed and agreed by Buyer and Buyers Bank: (Buyer Signature) Month Day, 2008
Continue SAMPLE TEXT OF S.W.I.F.T. MT 103 /23
Instruments: Bank Guarantee (ICC NO. 458 or 500/600)
Currency: EURO
Amount: XXX,000,000.00
Term: One (1) year and One (1) day.
Interest: Zero Coupon
Issuing Banks: HSBC, Deutsche Bank, BNP Paribas, Barclays, Credit Suisse or ABN AMRO
Denominations: 10 Million or greater of Euros
This conditional, irrevocable, divisible, assignable, transferable and callable S.W.I.F.T. wire transfer is valid for ten (10) banking days from _________Day of _________ 2009 and until the ___________Day of ___________ 2009 17.00 Central European Time.
This is an irrevocable operative Bank Instrument and is subject to the Uniform Commercial Code as it relates to Bank credit instruments.
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 Companys Name .
Address .....................................
Directors .....................................
Business Registration # .....................................
Telephone # .....................................
Facsimile # .....................................
Email Address .....................................
Bank Reference .....................................
2 Signatorys Name .....................................
Title .
Nationality .....................................
Passport Number .....................................
Date of Issue .....................................
Date of Expiration .....................................
Date of Birth .....................................
Place of Birth .....................................
Address .....................................
Telephone # .....................................
Mobile # .....................................
Facsimile # .....................................
Email Address .....................................
4 Buyers Banking:
Name of Bank .....................................
Bank Address .....................................
Account Name .....................................
Account Number .....................................
Account Signatory .....................................
IBAN Number .....................................
S.W.I.F.T. Code .....................................
Bank Officer / Title .....................................
Telephone # .....................................
Facsimile # .....................................
5 Funds Information:
Origin of Funds:
Amount of EUROs available for this transaction:
Are funds clean and clear?
6 Brief Descriptions of Corporate Activities:
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 ....th Day of ........, 2009
__________________________________________
Signatory Name .....................................
Title .....................................
Passport Number .....................................
Country .....................................
Date of Issue .....................................
Date of Expiration .....................................
PASSPORT
SIGNATURE PAGE
Passport Copy must be enlarged to 140% or A4 Size
PASSPORT
PHOTO PAGE
Please check to see that it looks good
It must be Nice & Clear.
Make sure that All of Your Face
is Fully and Clearly Shown.
Date ............08
NON-SOLICITATION LETTER
Dear Sir,
This is to certify that I, , holder of . Passport No.: ................, authorized signatory for his Clients under Trustee Mandate, do hereby confirm that I have requested from you and your associates, specific confidential information and documentation regarding a currently available of Bank Guarantees or other financial instruments, to serve for our interests, purposes and undertaking only and not for further distribution. I hereby agree to regard all information received from you as STRICTLY 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 a solicitation of funds of any sort, or any type of offering, but is intended for my 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 contemplated transaction is strictly one of Private Placement and that it is in no way relying or relating to the United States Securities Act of 1933 or related regulations and does not involve the sale of registered securities. Further, I hereby declare that I am not a licensed broker, government employee, or a broker in any capacity but I am the rightful owner/corporate officer and have full authority from the beneficiary of the assets being considered for this transaction purpose. It is mutually agreed upon that this Private Placement transaction is exempted from the Securities Act and is not intended for the general public and all materials are for PRIVATE USE ONLY.
Yours truly,
__________________________________________
Signatory Name .....................................
Title .....................................
Passport Number .....................................
Country .....................................
Date of Issue .....................................
Date of Expiration .....................................
RESOLUTION OF THE BOARD OF DIRECTORS
A quorum of directors of ..(hereinafter called the "Company") with its address at , attended in person or by telephone/video conference a Board of Directors meeting which was duly noticed and held on .,., 2008. A detailed discussion regarding various issues and aspects of this transaction was held to the full satisfaction of the Board members and the following resolutions were unanimously adopted:
RESOLUTION:
It is resolved that Mr. holder of (COUNTRY) Passport No. shall be the authorized Signatory to enter into transactions involving Buy/Sell of Bank Debentures and other Bank Instruments.
RESOLUTION:
It is resolved that Mr. is the authorized Signatory of the company to arrange the Buy/Sell of Bank Instruments in the amount of XXXX EUROS ( (XXX,000,000,000.00) with rolls and extensions,
RESOLUTION:
It is resolved that Mr. .. the authorized Signatory of the company be assigned full authority to instruct, arrange, monitor, execute, manage and sign all paperwork, agreements, contracts and any and all documentation as may be necessary with third parties pertinent to transactions involving the Buy/Sell of Bank Instruments.
RESOLUTION:
It is further resolved at this meeting of the Board of Directors that Mr. is hereby authorized to pay/distribute on behalf of the company any and all transaction related fees and entitlements to any banks, trading entities, program managers, facilitators, lawyers and other involved persons and companies of his choice as he may deem appropriate and at his absolute discretion on behalf of the Company.
RESOLUTION:
That Mr. .. is hereby authorized to certify that the foregoing resolutions and 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 purposes set forth herein are accomplished.
It is further certified that Mr. has been duly elected and appointed to hold office, is presently holding office, and is empowered to act for and on behalf of the company and that this fax or email copy of the Board Resolution shall be equal in value and effect to the original and shall be accepted as such by everyone, for all purposes, everywhere.
The above motions and resolutions were duly made, seconded, unanimously passed and carried at this meeting.
In witness whereof we hereunto set our hand and seal of the company of our own free will and act in certification of the above resolutions and provisions on this .... th day of 2009.
For and on behalf of: (company name)
Corporate Seal:
________________________
Name:
Title:
Passport No:
Country of Issue:
Issue Date:
Expiration Date:
Witnessed by:
________________________
Name:
Title:
Passport No.:
Country of Issue:
Issue Date:
Expiration Date:
FEE MASTER PROTECTION AGREEMENT
DATE: Wednesday, April 15, 2009
Buyers Code :
Sellers Code :
Transaction Code :
BANK INSTRUMENTS PARTICULARS:
Instruments BANK GUARANTEE, ICC NUMBER 458 or 500/600
Currency: Euros
Bank Menu: HSBC, Deutsche Bank, BNP Paribas, Barclays, Credit Suisse or ABN AMRO
Contract Amount: 10,000,000,000.00 (10 Billion Euros)
Tranches: Minimum tranche 100,000,000.00 (One Hundred Million Euros)
Term: One (1) year and One (1) day
Age: Fresh Cut; Cash back
Interest: Zero Coupons
Invoice Price: 68% of bank guarantee total face value plus Consultancy Fees of 1% or better
Consultant Fee: 1% (One Percent) of total face value payable by Buyer to Paymasters of Sell and Buy Consultants split equally
Screening: EUROCLEAR
Payment Mode: Conditional MT 103, funds move first
I, Mr. / Mrs. , holding Passport No.______________ issued by (hereinafter the Payor) acting with full corporate and financial responsibility, hereby irrevocably and unconditionally, without protest or notification, without prejudice, recourse, or delay guarantee to pay the fee entitled to the beneficiaries, whose Attorney Trust Accounts or Banking is listed on this document, via Wire Transfer, at the time of settlement of each and every tranche of the transaction. This Fee Agreement is our irrevocable pay order to the consultants involved and is and shall remain an intricate part of the contract between the Buyer and the Seller. This pay order shall remain in effect until this transaction, including any renewal; extensions and additions are fully completed.
The Payor further agrees that the fees and commissions stated are compensation for services rendered and are irrevocable, irretrievable and unconditionally guaranteed to be paid simultaneously with the delivery/ loading of each and every tranche of the currency referred to in this contract. The fees will be free of legal impediment and free of any deductions, excluding bank transfer fees and routine banking delays, for this and all subsequent transactions with this seller.
We confirm that upon the execution of this Consulting Fee Agreement this document is an Irrevocable Payment Order. This Consulting Fee Agreement shall be lodged in our bank and a copy from that bank will be forwarded to you the Beneficiaries/Consultants Attorneys Trust Account or banking. We agree that this consulting fee agreement will also be lodged with the Sellers bank.
In recognition for the services rendered towards the completion of contractual formalities and the commencement of the above referenced transaction, we the undersigned Payor, hereby irrevocably and unconditionally, without protest, demand or delay, promise and guarantee to pay fees of One Percent ( 1% ) of the invoice value of the instruments, for the benefit of the Consultants 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 purchased by us. Further, the said Consultancy fees shall be paid in good, clean, clear and unencumbered United States Dollars and delivered, via wire transfer, to your designated trust account or banking coordinates.
This Consulting Fee Agreement is unconditional, assignable and divisible. This Consulting Fee Agreement shall inure to the benefit of the Beneficiaries /Consultants and their respective heirs, administrators, successors and assigns as the case may be, until this transaction, including any renewals, extensions and additions are fully completed.
This Consulting Fee Agreement, if transmitted by facsimile or as email attachment, 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 that 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.
All negotiations, terms and conditions are between the principal parties and their perspective legal counsel only. Both principal parties are responsible for the ramification of their own actions. All Consultants involved are held harmless from any legal actions brought on by either party.
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 Sellers code to be provided by the Seller) 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 Consulting Fee of One Percent (1%) of the face value from each and every tranche of this transaction including any rolls or extensions to be paid by the Buyer/Payor to the Paymasters listed below on behalf of the consultants referenced with the One Percent (1%) shared in the exact portion noted and assigned to each Paymaster. Banking details to follow if not supplied and subject to change by beneficiaries with 0.50% to Sell Side and 0.50% to Buy Side consultants as follows:
DISCLOSURE OF PAYMASTERS AND CONSULTANTS
SELLER SIDE PAYMASTERS/CONSULTANTS: ONE HALF (1/2) OF ONE PERCENT (1%) EQUALLING POINT FIVE ZERO PERCENT (0.50%) OF THE TOTAL FACE CONTRACT VALUE INCLUDING ROLLS AND EXTENSIONS AND OF EACH AND EVERY TRANCHE PAID BY THE BUYER: (CLOSED)
PAYMASTER NAME
PASSPORT NUMBER
PAYMASTER ADDRESS
REPRESENTED BY
PAYMASTER TELEPHONE
PAYMASTER EMAIL
BANK NAME
BANK ADDRESS
BANK OFFICER
BANK TELEPHONE
BANK FAX
SWIFT CODE
ABA ROUTING
ACCOUNT NUMBER
CURRENCY
SPECIAL INSTRUCTIONS
SPECIAL WIRE INSTRUCTIONS
REQUIRED MESSAGE
CONSULTING FEE PAYMENT ORDER VALUE
FOR BENEFIT OF
BUYER SIDE PAYMASTERS/CONSULTANTS: ONE HALF (1/2) OF ONE PERCENT (1%) EQUALLING POINT FIVE ZERO PERCENT (0.50%) OF THE TOTAL CONTRACT FACE VALUE INCLUDING ROLLS AND EXTENSIONS AND OF EACH AND EVERY TRANCHE PAID BY THE BUYER:
:
PAYMASTER NAME
PASSPORT NUMBER
PAYMASTER ADDRESS
PAYMASTER TELEPHONE
BANK NAME
BANK ADDRESS
BANK OFFICER
BANK TELEPHONE
BANK FAX
SWIFT CODE
ABA ROUTING
ACCOUNT NAME
ACOUNT NUMBER
CURRENCY
SPECIAL INSTRUCTIONS
REQUIRED MESSAGE
CONSULTING FEE PAYMENT ORDER VALUE
FOR BENEFIT OF
PAYMENT OF BENEFICIARIES
Each of the above named Paymasters will be responsible for making onward payments of agreed percentages of commission via a separate pay order to each of the named, authorised Beneficiaries as indicated. Each Paymaster will issue the relevant Payment Order to each of their respective authorised Beneficiaries subject to their specific Consulting Fee Agreement. All commission transfers are to be made by wire and transferred immediately upon closing of each transaction or transaction tranche or as soon thereafter as banking processes allow without liens or delays of any kind whatsoever.
CHANGE OF BANK COORDINATES
In the event that the Beneficiaries decide to change the coordinates of their receiving banks they will each serve prior notice of such change in writing to Seller/Payor within 8 banking hours thereof.
FORCE AND EFFECT
This Consulting Fee Agreement becomes valid upon signature by the Payor and will become effective with the execution of the Transaction Contract referenced by the Sellers Code and Buyers Code set forth above. This Consulting Fee Agreement becomes unconditional, assignable, and divisible upon the successful initiation of the Transaction Contract referenced above. This Consulting Fee Agreement 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 Buyer and Seller or their shareholders and/or assigns for a period of Five (5) years from the date hereof.
This Consulting Fee Agreement shall become an integral part of the Transaction Contract as soon as the contract becomes valid and signed. If no transaction is completed under afore stated Sellers and Buyers Codes, then no obligation to Consultants and other beneficiaries and intermediary parties under this Consulting Fee Agreement is established.
LAW AND DISPUTES
Any disputes concerning this Consulting Fee Agreement will be governed by English Law, and any
and all disputes and differences between the Parties shall be referred to the non-exclusive jurisdiction
of the High Court of Justice in England. The place of this jurisdiction shall be London, England.
TAXES
Parties to this Consulting Fee 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 Beneficiaries.
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.
THIS CONSULTING FEE AGREEMENT shall be binding, individually or collectively, upon and for the benefit of the parties, the beneficiaries and their respective successors and assigns for their mutual advantage or goodwill. In the event of death of any of the parties or beneficiaries, the surviving parties and beneficiaries agree that the beneficiaries of the deceased party shall receive any and all proceeds of this Consulting Fee Agreement that would have been earned by the deceased party under the same terms and conditions as if the party were not deceased.
IN WITNESS HEREOF, I HEREBY ATTEST, AFFIRM, AND ACKNOWLEDGE WITH FULL AUTHORITY, THAT THE ABOVE TERMS ARE AGREED AND ACCEPTABLE, BY AFFIXING MY SIGNATURE ON THIS DECLARATION FOR AND ON THE BEHALF OF:
AGREED AND ACCEPTED BY BUYER: AGREED AND ACCEPTED BY SELLER:
____________________________________ ____________________________________
Signature of Authorized Signatory Signature of Authorized Signatory
DATED: MONTH DAY, 2009 DATED: MONTH DAY, 2009
INSERT NAME, TITLE INSERT NAME, TITLE
INSERT PASSPORT NO., COUNTRY INSERT PASSPORT NO., COUNTRY
INSERT COMPANY SEAL INSERT COMPANY SEAL
BANK ENDORSEMENT
On behalf of the Payor referenced within this document, we hereby acknowledge and confirm this document is lodged with our bank at the Payors bank coordinates specified above and it shall be executed upon commencement of the transaction referenced above.
___________________________ Insert Bank Seal ___________________________
Insert Bank Officer No. 1 Name Insert Bank Officer No. 2 Name
Insert Title Insert Title
Insert Phone No. Insert Phone No.
Insert Fax No. Insert Fax No.
Insert Bank Name Insert Bank Name
Insert Bank Address Insert Bank Address
For and on Behalf of (Bank Name) For and on Behalf of (Bank Name)
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Suresh should be bringing in a buyer shortly. If not, then Wilson.
Maybe it's me, but I always get scared when I read
cash "back" rather than "backed" on so-called official docs.
But still, you ought to have a few bites, lol.
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Will, i've seen a few of these flying around. Sure HSBC are bound to be offering paper at 68!!! Hahahahahaha.
I actually played one guy for a long time who was looking for such paper, as I was interested in seeing what his actualy set up was. When he supplied me with his bankers name (but told me it was "illegal" to contact the banker) I did some fishing via some contacts in the same bank. The banker had never heard of the guy.......
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