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BUYER’S SIGNATURE 1/15 SELLER’S SIGNATURE
DEED OF AGREEMENT
DATE :
TRANSACTION CODE:
This agreement is made and entered into this day XX/XX/2019, by and between the parties described below:
THE LESSOR
Corporate Name
Mailing Address
Represented By
Designation
Passport No.
Nationality
and
THE LESSEE
Corporate Name
Mailing Address
Represented By
Designation
Passport No.
Nationality
WHEREAS. The Lessee desires to lease Bank Guarantee (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
BUYER’S SIGNATURE 2/15 SELLER’S SIGNATURE
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 4% + 2% of Face Valuefor the
instrument requested and Lessor has agreed to issue BG/SBLC for lease and both Parties hereby agree to the
following:
TRANSACTION DESCRIPTION:
1. Instrument: Bank Guarantee (BG) or Standby Letter of Credit (SBLC)
2. Total Face Value:
3. Issuing Bank: HSBC Bank HK, Standard Chartered Bank London/Thailand/Hong Kong, UBS
Switzerland, Welsfargo, Bank of America, Deutsche Bank Deutsche Bank AG Frankfurt etc.
4. Age: One Year and One Day (With the option of Rolls and Extension)
5. Leasing Fee: 4% + 2%
6. Delivery: Bank to Bank Swift MT799 and/or MT760
7. Payment: MT103
8. Hard Copy: By Bank Bonded Courier within 7banking days after delivery of Swift.
TRANSACTION PROCEDURE:
1. Lessor and Lessee execute, sign and initial this Deed of Agreement, which thereby automatically becomes
a full commercial recourse contract to be lodged by both parties for initiation of Swift Transmission.
2. Within three (3) banking days after both parties sign the Agreement, Lessor bank officer will send out
RWAto receiving bank officer stating that provider is ready, willing and able to deliver the requested face
value also, Lessor Legal Department will issue a Notarised signed and sealed Corporate Refund Recourse
Undertaking duly to the Lessee guarantying to refund to the Lessee all cost incurred by Lessee as the
transmission/administrative charges for the transmission of Pre-Advice via Swift MT799 or BG/SBLC via
Swift MT760 or both after due execution of the contract and in case of failure on the Lessor’s side the Notarised
signed and sealed Corporate Refund Recourse Undertaking guarantees that the Lessor refunds completely the
BUYER’S SIGNATURE 3/15 SELLER’S SIGNATURE
transmission/administrative fees in addition to a the penalty for failure of performance being 1% of the total
face value of BG/SBLC.
3. Within three (3) working days after the Lessee receives RWA, contract documents including the, invoice
and refund undertaking from the Lessor, the Lessee will make payment by direct wire transfer into the Lessor’s
provided bank coordinates for the receiving of the bank transmission/administrative charges the bank
transmission/administrative fees for the Pre-Advice via Swift MT799 or BG/SBLC via Swift MT760 or both
as the case maybe in the amount of Euro/USD XX,000.00.
4. Within two (2) banking days after confirmation of receipt of payment of the bank
transmission/administrative fees charges for the BG/SBLC via Swift MT760 or Pre-Advice via Swift MT799
or both in Lessor’s bank account, the Lessor will deliver the Pre-Advice or BG/SBLC via Bank to Bank
confirmation of Swift MT799 or MT760 to the Lessee’s banker including the hard copy of the BG/SBLC via
bank bonded courier in Seven (7) banking days.
5 Lessee sends out leasing fees by Swift MT103 to the Lessor deducting the initially paid bank
transmission/administrative fees and the brokers their commission fees 4%+2% of total Face Value by wire
transfer within thirty (30) days upon delivery, confirmation and verification of BG/SBLC by MT760 in the
Lessee’s nominated account and BG/SBLC hard copy in the Lessee’s nominated bank.
6. Should the Lessee not deduct the bank transmission/administrative charges from leasing fees paid, the
Lessor shall refund bank charges to Lessee by direct wire transfer within three (3) banking days upon payment
of the leasing fees.
7.Any unauthorized calls by any party or its representative lawyers to probes or communication in an
improper way to bank(s) in this transaction shall be prohibited and contract terminated.8. All subsequent
tranches will be based on the same procedures until collateral or funds become exhausted.
Should the Lessee default to pay the leasing fees tothe Lessorand the brokers commission fees as agreed
after Thirty (30) banking days of confirmation of BG/SBLC MT760 in lessee's bank account, Lessor
will instruct the issuing bank to put a claim on the BG/SBLC thereby forcing the Lessee's bankers to
return the BG/SBLC MT760 to the issuing Bank.
SCHEDULE OF BANK TRANSMISSION/ADMINISTRATIVE FEES
BG/SBLC Face Value
(USD/EURO)
Bank Transmission/Administrative Fees
(USD/EURO)
1M – 20M 16,750.00
BUYER’S SIGNATURE 4/15 SELLER’S SIGNATURE
21M – 50M 26.500.00
51M – 100M 37,750.00
101M – 250M 46,750.00
251M – 500M 57,000.00
501M – 1B 66,500.00
1B and above (In Tranches of 500M each) (75,500 for each tranche of 500M)
NON-SOLICITATION
The Lessee hereby confirms and declares that the Lessor, its associates or representatives or any person or
persons on its behalf has/have never ever solicited the Lessee, its shareholders or associates or representatives
in any way whatsoever that can be construed as a solicitation for this transaction or for future transactions.
FORCE MAJEURE
Any delay in or failure of performance by either party of their respective obligations under this
agreement they shall pay 1% as penalty.
Any delay in or failure of performance by either party of their respective obligations under this agreement
shall not constitute a breach hereunder or give rise to any claims for damages if, and to the extent that such
delays or failures in performance are caused by events or circumstance beyond the control of such party.
The term “Beyond the Control of Such Party “Include Lawful order of Government or Authority, Act of War,
Rebellion or Sabotage, Fire, Flood, Earthquake or other natural disasters. Any other cause not within the
control of such party or which is by exercise of reasonable diligence, the party will be unable to foresee or
prevent or remedy.
ARBITRATION
All disputes and questions whatsoever which arises between the parties to this agreement and touching on this
agreement on the construction or application thereof or any account cost, liability to be made hereunder or as
to any act or way relating to this agreement shall be settled by the arbitration in accordance with the arbitration
laws of the ICC.
This agreement contains the entire agreement and understanding concerning the subject matter hereof and
supersedes and replaces all prior negotiations and proposed agreements, written or oral. Neither of the parties
may alter, amend, nor modify this agreement, except by an instrument in writing signed by both parties. This
agreement will be governed by and construed in accordance with the laws of United Kingdom. In the event
that either party shall be required to bring any legal actions against the other it enforce any of the terms of this
BUYER’S SIGNATURE 5/15 SELLER’S SIGNATURE
agreement the prevailing party shall be entitles to recover reasonably attorney fees and costs.
FOR AND ON BEHALF OF THE LESSEE
________________ _________
Signature and Stamp/Seal
Name:
Designation:
Passport #:
Nationality:
Issue date:
Expiry date:
Lessee’s International Passport (Attached as Appendix A)
FOR AND ON BEHALF OF THE LESSOR
________________ _________
Signature and Stamp/Seal
Name:
Designation:
Passport #:
Nationality:
Issue date:
Expiry date:
Lessor’s International Passport (Attached as Appendix B)
The Lessor and Lessee agree to the following banking co-ordinates pertaining to the agreement herein above
stated:
LESSOR’S BANKING CO-ORDINATES TO ISSUE BANK GUARANTEE (BG/SBLC) VIA SWIFT
MT799 AND/OR MT760
BUYER’S SIGNATURE 6/15 SELLER’S SIGNATURE
Bank Name
Bank Address
Account Name
Account Number
IBAN Number
SWIFT CODE
Bank Officer
LESSOR’S BANKIING CO-ORDINATES TO RECEIVE BANK TRANSMISSION /
ADMINISTRATIVE FEES AND LEASE FEES
Bank Name
Bank Address
Account/Beneficiary Name
Special Instruction
Account Number
SWIFT CODE
LESSOR RESERVES THE RIGHT TO USE ANY BANK ACCOUNT TO RECEIVE BANK
TRANSMISSION/ADMINISTRATIVE FEES OR LEASE FEES TO SMOOTHEN TRANSACTION
OPERATION (IT’S OUR BANK REGULATIONS AND PROCEDURE).
LESSOR AND LESSEE RESERVES THE RIGHT TO CHANGE THE BANK COORDINATES
STATED HEREIN AT ANYTIME BY PROVIDING WRITTEN REQUEST TO THE
UNDERSIGNED.
LESSEE’S BANK CO-ORDINATES TO RECEIVE BANK GUARANTEE (BG/SBLC) VIA SWIFT
MT799 AND/OR MT760
Bank Name
Bank Address
BUYER’S SIGNATURE 7/15 SELLER’S SIGNATURE
Account Holder
Account Number
SWIFT CODE
Signatory Name
LESSEE’S BANK CO-ORDINATES TO PAY FEES
Bank Name
Bank Address
Account Holder
Account Number
SWIFT CODE
Signatory Name
LESSEE RESERVES THE RIGHT TO USE ANY BANK COORDINATE TO PAY FEES AND
RECEIVE THE BG/SBLC VIA MT799 AND/OR MT760. (IT’S OUR BANK REGULATIONS AND
PROCEDURE).
APPENDIX A:
LESSEE INTERNATIONAL PASSPORT
BUYER’S SIGNATURE 8/15 SELLER’S SIGNATURE
APPENDIX B:
LESSOR INTERNATIONAL PASSPORT
BUYER’S SIGNATURE 9/15 SELLER’S SIGNATURE
“EXHIBIT A”
BUYER’S SIGNATURE 10/15 SELLER’S SIGNATURE
SAMPLE REFUND UNDERTAKING LETTER FOR BANK CHARGES FROM THE PROVIDER
(Text may vary in substance but the essential undertaking must be maintained)
TRANSACTION CODE : XXX 00/00/2017.
ATTN : XXX CLIENT NAME XXX
XXX CLIENT ADDRESS XXX
DEAR SIR,
SUBJECT: IRREVOCABLE CORPORATE REFUND UNDERTAKING
WE HEREBY CONFIRM WITH FULL CORPORATE RESPONSIBILITY UNDER PENALTY OF PERJURY THAT WE ARE READY,
WILLING AND ABLE TO DELIVER A FRESH CUT BG OR SBLC FOR TOTAL FACE VALUE OF $€00,000,000.00 (AMOUNT
IN WORD) FROM OUR ISSUING BANK <NAME & ADDRESS OF BG /SBLC ISSUING BANK>,AS AGREED IN THE DEED OF
AGREEMENT TO YOUR BANK COORDINATES WITH <ACCOUNT NAME & ACCOUNT NUMBER OF BG/SBLC FROM RECEIVING
BANK>, WITHIN 48HOURS UPON CONFIRMATION OF YOUR WIRE TRANSFER OF $€00,000.00 (AMOUNT IN WORD) BEING
THE BANK TRANSMISSION, ADMINISTRATIVE AND HANDLING CHARGES TO DELIVER BY SWIFT MT799 FOLLOWED BY
MT760 OR BY DIRECT MT760 TO YOUR NOMINATED BANK ACCOUNT FOR AUTHENTICATION AND VERIFICATION BEFORE
DELIVERY OF HARD COPY VIA BANK BONDED COURIER SERVICE TO YOUR BANK ADDRESS WHICH IS CONTAINED IN
OUR DEED OF AGREEMENT.
KINDLY RE-CONFIRM YOUR RECEIVING BANK ACCOUNT INFORMATION BELOW.
LESSEE’S BANKING COORDINATES TORECEIVE BANK GUARANTEE (BG/SBLC) VIA SWIFT MT799/MT760.
BANK NAME : XXX
BANK ADDRESS : XXX
ACCOUNT NAME : XXX
ACCOUNT NUMBER : XXX
BANK OFFICER : XXX
SWIFT CODE : XXX
WE HOWEVER, AGREE TO REFUND IMMEDIATELY TOYOU THE $€0,000.00 (AMOUNT IN WORD) AT THE END OF THE
TRANSMISSION OF MT760 WITHIN 3 BANKING DAYS AFTER PAYMENT OF LEASING FEES AS STATED IN THE CONTRACT
OR YOU CAN ADJUST THIS AMOUNT WHILE MAKING THE PAYMENT OF LEASE FEES. IF OUR BANKER FAILS TO
DELIVER TO YOUR BANK ACCOUNT THE ELECTRONIC COPY OF BG VIA SWIFT MT760 WITH 72HOURS UPON CONFIRMATION
OF YOUR DIRECT WIRE TRANSFER PAYMENT FOR THE BANK TRANSMISSION FEES INTO OUR BANK ACCOUNT STATED
BELOW, WE WILL IMMEDIATELY REFUND TOTAL AMOUNT PAID FOR TRANSMISSION FEES INTO YOUR BANK ACCOUNT
IN ADDITION TO A THE PENALTY FOR FAILURE OF PERFORMANCE BEING 1% OF THE TOTAL FACE VALUE OF BG/SBLC.
WE HAVE GIVEN OUR CORPORATE INSTRUCTION TO OUR ISSUING BANK TO REFUND THE BANK TRANSMISSION FEES
BY LODGING A COPY OF THIS UNDERTAKING ALONG WITH THE CONTRACT.
LESSOR’S BANKING COORDINATES FOR ISSUING BANK GUARANTEE (BG/SBLC) VIA SWIFT MT799/MT760 (ALSO FOR
REFUND).
BANK NAME : XXX
BANK ADDRESS : XXX
ACCOUNT NAME : XXX
ACCOUNT NUMBER : XXX
IBAN NUMBER : XXX
SWIFT CODE : XXX
BANK OFFICER : XXX
LESSOR’S BANKING COORDINATES TO RECEIVE BANK TRANSMISSION/ADMINISTRATIVE FEES.
BANK NAME : XXX
BANK ADDRESS : XXX
ACCOUNT NAME : XXX
ACCOUNT NUMBER : XXX
BUYER’S SIGNATURE 11/15 SELLER’S SIGNATURE
SWIFT CODE : XXX
FOR AND ON BEHALF OF:
LESSOR SIGNATURE NOTARY OFFICER SIGNATURE
LESSOR NAME NOTARY OFFICER NAME
“EXHIBIT B”
SAMPLE SWIFT MT-199 OR 799 FROM ISSUING BANK TO BUYER BANK
(Text may vary in substance but the essential undertaking must be maintained)
FROM
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
BENK OFFICER NAME:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
TO
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
BENK OFFICER NAME:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
TRANSACTION CODE:
AMOUNT:
CURRENCY
BENEFICIARY
FOR VALUE RECEIVED, WE, ----- {NAME OF ISSUING BANK} -----, AT ----- {FULL BANK ADDRESS}-----, HEREBY
ISSUE OUR IRREVOCABLE, UNCONDITIONAL AND NEGOTIABLE BG /SBLC NO : --------- IN FAVOUR OF ____________
THE BENEFICIARY XXXXXXXXXX FOR THE AMOUNT OF XXX AMOUNT IN WORD {$ EUR00,000,000.00}, VALID FOR ONE
(1) YEAR AND ONE (01) 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/SBLC AT
MATURITY, WITHOUT ANY PROTEST, DELAY OR OBJECTION, THE SUM OF XX $ OR EUR $€00,000,000.00 TO
THE ORDER OF XXXXXXXXXX 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 ANDSURRENDER OF THIS BG/SBLC NO: -------------- AT
THIS BANK AT MATURITY DATE.
BUYER’S SIGNATURE 12/15 SELLER’S SIGNATURE
THIS BG/SBLC 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/SBLC, SHALL BE DULY HONOURED ON DUE PRESENTATION TO US. THE DEMAND HEREUNDER MUST BE MARKED
“DRAWN UNDER BG/SBLC NO: -------- DATED,_________{GUARANTY ISSUE DATE}
THIS BG/SBLC 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 500, LATEST
REVISION.
THIS SWIFT IS OUR VALID AND OPERATIVE INSTRUMENT. NO MAIL CONFIRMATION WILL FOLLOW . ALL CHARGES ARE
FOR THE ACCOUNT OF APPLICANT.
PLEASE CONFIRM YOU ARE READY TO RECEIVE AND FUND THIS BANK INSTRUMENTS WITH GOOD, CLEAN AND
NON-CRIMINAL ORIGIN FUNDS.
FOR AND ON BEHALF OF
<NAME OF ISSUING BANK>
<ADDRESS OF ISSUING BANK>
______________________ ______________________
AUTHORIZED BANK OFFICER 1 AUTHORIZED BANK OFFICER 2
<NAME, TITLE, PIN CODE> <NAME, TITLE, PIN CODE>
“EXHIBIT C”
SAMPLE SWIFT MT-760 FROM ISSUING BANK TO BUYER BANK
(Text may vary in substance but the essential undertaking must be maintained)
FROM
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
BENK OFFICER NAME:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
TO
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
BENK OFFICER NAME:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
BANK GUARANTEE NO.:
ISSUING BANK NAME: HSBC BANK PLC
BANK ADDRESS: 8 CANADA SQUARE E14 5HQ LONDON, UNITED KINGDOM.
BUYER’S SIGNATURE 13/15 SELLER’S SIGNATURE
CURRENCY:
ISSUED DATE:
MATURITY DATE:
AMOUNT:
APPLICANT: XXXXXXXXXXXXXX
BENEFICIARY: XXXXXXXXXXXXXX
FOR VALUE RECEIVED WE THE UNDERSIGNED, HSBC BANK PLC, ADDRESS AT 8 CANADA SQUARE E14 5HQ LONDON UK, HEREBY
IRREVOCABLY, UNCONDITIONALLY AND WITHOUT PROTEST OR NOTIFICATION ON FIRST DEMAND, PROMISE TO PAY AT MATURITY
TO THE ORDER OF ___________ THEREOF, THE SUM OF XXXXXXXXXXXXX (XXXXXXX MILLION XXX) IN THE LAWFUL CURRENCY OF
THE EUROPEAN UNION/UNITED STATES DOLLARS UPON PRESENTATION AND SURRENDER OF THIS GUARANTEE AT THE OFFICE OF
HSBC BANK PLC.
SUCH PAYMENT SHALL BE MADE WITHOUT SET OFF AND SHALL BE UNENCUMBERED FREE AND CLEAR OF ANY DEDUCTIONS, CHARGES,
FEES OR WITH HOLDING OR ANY NATURENOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED, WITHHELD OR ASSESSED BY THE
GOVERNMENT OR ANY POLITICAL SUBDIVISION OR AUTHORITY THEREOF OR THEREIN.
THIS GUARANTEE IS FULLY CASH BACKED WITH FUNDS ON DEPOSIT THAT ARE GOOD, CLEAN, CLEARED OF NON -CRIMINAL ORIGIN,
FREE OF ANY LIENS OR ENCUMBRANCES LEGALLY EARNED BY THE APPLICANT. THIS BANK GUARANTEE IS UNCONDITIONAL,
TRANSFERABLE, ASSIGNABLE, DIVISIBLE AND CONFIRMED WITHOUT PRESENTATION OF IT TO US AND SHALL BE GOVERNED AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED KINGDOM.
THIS BANK GUARANTEE IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES FOR BANK GUARANTEE AS SET FORTH BY THE
INTERNATIONAL CHAMBER OF COMMERCE - PARIS - FRANCE, LATEST REVISION OF PUBLICATION 758.
THIS IS AN OPERATIVE INSTRUMENT, NO MAIL CONFIRMATION WILL FOLLOW.
FOR AND ON BEHALF OF:
XXX ISSUING BANK XXX
XXX ISSUING BANK ADDRESS XXX
BANK OFFICER 1 BANK OFFICER 2
TITLE (PIN) TITLE (PIN)
SAMPLE TEXT OF READY WILLING AND ABLE(RWA)
DATE :
TRANSACTION CODE :
AMOUNT :
APPLICANT NAME :
ISSUING BANK :
ACCOUNT NUMBER
BANK OFFICER :
BENEFICIARY :
RECEIVING BANK :
RECEIVING BANK ADDRESS :
ACCOUNT NO. :
SWIFT CODE :
RE: BANK CONFIRMATION: READY, WILLING AND ABLE (RWA)
BUYER’S SIGNATURE 14/15 SELLER’S SIGNATURE
FOR VALUE RECEIVED, WE, XXXXXXXXXXXXXXX ISSUING BANK , AT XXXXXXXXXXX BANK ADDRESS , HEREBY ISSUE OUR
IRREVOCABLE, UNCONDITIONAL AND NEGOTIABLE SBLC NO : HSBCXXXXXXXXX IN FAVOUR OF MILLENNIUM CREST SDN BHD THE
BENEFICIARY XXXXXXXXXX FOR THE AMOUNT OF XXXXXXXXXXXXXXXX, VALID FOR ONE (01) YEAR AND ONE (01) DAY AND DUE
FOR PAYMENT AT MATURITY ON XXXXXXX {01 YEAR + 01 DAY MATURITY DATE FROM ISSUING DATE} XXXXXXXXX.
WE HEREBY IRREVOCABLY AND UNCONDITIONALLY UNDERTAKE TO PAY IN FULL AGAINST THIS SBLC CASH BACK ICC 758 AT
MATURITY, WITHOUT ANY PROTEST, DELAY OR OBJECTION, THE SUM OF XXXXXXXXXXXXXXXXXX TO THE ORDER OF
XXXXXXXXXXXXXXXXXXXXX. 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 SBLC NO: XXXXXXXXXXXXXXXX AT THIS BANK AT MATURITY DATE.
THIS SBLC 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 SBLC, SHALL BE
DULY HONOURED ON DUE PRESENTATION TO US. THE DEMAND HEREUNDER MUST BE MARKED “DRAWN UNDER SBLC NO: XXXXXXX
DATED,XX/XX/XX{GUARANTY ISSUE DATE}.
THIS SBLC 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 758, LATEST REVISION.
THIS SWIFT IS OUR VALID AND OPERATIVE INSTRUMENT. NO MAIL CONFIRMATION WILL FOLLOW. ALL CHARGES ARE FOR THE
ACCOUNT OF APPLICANT.
THIS BANK INSTRUMENT IS WITH GOOD,CLEAN AND NON-CRIMINAL ORIGIN FUND.
________________________ _________________________
AUTHORIZATION BANK OFFICER NAME AUTHORIZATION BANK OFFICER NAME
TITLE : TITLE :
TOTAL COMMISSION FEE OF 2% OF FACE VALUE IN EURO/USD PAID BY THE LESSEE TO BE SHARED
EQUALLY AS FOLLOW:
TOTAL COMMISSION OF 2% TO LESSEE’S SIDE (OPEN)
PARTICULARS PAYMASTER 1
Name
E-mail
Bank Name
Bank Address
ABA Routing Number
Account Number
Account Name
SWIFT CODE
BUYER’S SIGNATURE 15/15 SELLER’S SIGNATURE
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 Agreement has been agreed and executed by the undersigned on this day MM/DD/YYYY.
FOR AND ON BEHALF OF THE LESSEE
________________ _________
Signature and Stamp/Seal
Name:
Nationality:
Passport #:
Issue date:
Expiry date:
Place of Issue:

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Tlm lease deed of agreement

  • 1. BUYER’S SIGNATURE 1/15 SELLER’S SIGNATURE DEED OF AGREEMENT DATE : TRANSACTION CODE: This agreement is made and entered into this day XX/XX/2019, by and between the parties described below: THE LESSOR Corporate Name Mailing Address Represented By Designation Passport No. Nationality and THE LESSEE Corporate Name Mailing Address Represented By Designation Passport No. Nationality WHEREAS. The Lessee desires to lease Bank Guarantee (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
  • 2. BUYER’S SIGNATURE 2/15 SELLER’S SIGNATURE 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 4% + 2% of Face Valuefor the instrument requested and Lessor has agreed to issue BG/SBLC for lease and both Parties hereby agree to the following: TRANSACTION DESCRIPTION: 1. Instrument: Bank Guarantee (BG) or Standby Letter of Credit (SBLC) 2. Total Face Value: 3. Issuing Bank: HSBC Bank HK, Standard Chartered Bank London/Thailand/Hong Kong, UBS Switzerland, Welsfargo, Bank of America, Deutsche Bank Deutsche Bank AG Frankfurt etc. 4. Age: One Year and One Day (With the option of Rolls and Extension) 5. Leasing Fee: 4% + 2% 6. Delivery: Bank to Bank Swift MT799 and/or MT760 7. Payment: MT103 8. Hard Copy: By Bank Bonded Courier within 7banking days after delivery of Swift. TRANSACTION PROCEDURE: 1. Lessor and Lessee execute, sign and initial this Deed of Agreement, which thereby automatically becomes a full commercial recourse contract to be lodged by both parties for initiation of Swift Transmission. 2. Within three (3) banking days after both parties sign the Agreement, Lessor bank officer will send out RWAto receiving bank officer stating that provider is ready, willing and able to deliver the requested face value also, Lessor Legal Department will issue a Notarised signed and sealed Corporate Refund Recourse Undertaking duly to the Lessee guarantying to refund to the Lessee all cost incurred by Lessee as the transmission/administrative charges for the transmission of Pre-Advice via Swift MT799 or BG/SBLC via Swift MT760 or both after due execution of the contract and in case of failure on the Lessor’s side the Notarised signed and sealed Corporate Refund Recourse Undertaking guarantees that the Lessor refunds completely the
  • 3. BUYER’S SIGNATURE 3/15 SELLER’S SIGNATURE transmission/administrative fees in addition to a the penalty for failure of performance being 1% of the total face value of BG/SBLC. 3. Within three (3) working days after the Lessee receives RWA, contract documents including the, invoice and refund undertaking from the Lessor, the Lessee will make payment by direct wire transfer into the Lessor’s provided bank coordinates for the receiving of the bank transmission/administrative charges the bank transmission/administrative fees for the Pre-Advice via Swift MT799 or BG/SBLC via Swift MT760 or both as the case maybe in the amount of Euro/USD XX,000.00. 4. Within two (2) banking days after confirmation of receipt of payment of the bank transmission/administrative fees charges for the BG/SBLC via Swift MT760 or Pre-Advice via Swift MT799 or both in Lessor’s bank account, the Lessor will deliver the Pre-Advice or BG/SBLC via Bank to Bank confirmation of Swift MT799 or MT760 to the Lessee’s banker including the hard copy of the BG/SBLC via bank bonded courier in Seven (7) banking days. 5 Lessee sends out leasing fees by Swift MT103 to the Lessor deducting the initially paid bank transmission/administrative fees and the brokers their commission fees 4%+2% of total Face Value by wire transfer within thirty (30) days upon delivery, confirmation and verification of BG/SBLC by MT760 in the Lessee’s nominated account and BG/SBLC hard copy in the Lessee’s nominated bank. 6. Should the Lessee not deduct the bank transmission/administrative charges from leasing fees paid, the Lessor shall refund bank charges to Lessee by direct wire transfer within three (3) banking days upon payment of the leasing fees. 7.Any unauthorized calls by any party or its representative lawyers to probes or communication in an improper way to bank(s) in this transaction shall be prohibited and contract terminated.8. All subsequent tranches will be based on the same procedures until collateral or funds become exhausted. Should the Lessee default to pay the leasing fees tothe Lessorand the brokers commission fees as agreed after Thirty (30) banking days of confirmation of BG/SBLC MT760 in lessee's bank account, Lessor will instruct the issuing bank to put a claim on the BG/SBLC thereby forcing the Lessee's bankers to return the BG/SBLC MT760 to the issuing Bank. SCHEDULE OF BANK TRANSMISSION/ADMINISTRATIVE FEES BG/SBLC Face Value (USD/EURO) Bank Transmission/Administrative Fees (USD/EURO) 1M – 20M 16,750.00
  • 4. BUYER’S SIGNATURE 4/15 SELLER’S SIGNATURE 21M – 50M 26.500.00 51M – 100M 37,750.00 101M – 250M 46,750.00 251M – 500M 57,000.00 501M – 1B 66,500.00 1B and above (In Tranches of 500M each) (75,500 for each tranche of 500M) NON-SOLICITATION The Lessee hereby confirms and declares that the Lessor, its associates or representatives or any person or persons on its behalf has/have never ever solicited the Lessee, its shareholders or associates or representatives in any way whatsoever that can be construed as a solicitation for this transaction or for future transactions. FORCE MAJEURE Any delay in or failure of performance by either party of their respective obligations under this agreement they shall pay 1% as penalty. Any delay in or failure of performance by either party of their respective obligations under this agreement shall not constitute a breach hereunder or give rise to any claims for damages if, and to the extent that such delays or failures in performance are caused by events or circumstance beyond the control of such party. The term “Beyond the Control of Such Party “Include Lawful order of Government or Authority, Act of War, Rebellion or Sabotage, Fire, Flood, Earthquake or other natural disasters. Any other cause not within the control of such party or which is by exercise of reasonable diligence, the party will be unable to foresee or prevent or remedy. ARBITRATION All disputes and questions whatsoever which arises between the parties to this agreement and touching on this agreement on the construction or application thereof or any account cost, liability to be made hereunder or as to any act or way relating to this agreement shall be settled by the arbitration in accordance with the arbitration laws of the ICC. This agreement contains the entire agreement and understanding concerning the subject matter hereof and supersedes and replaces all prior negotiations and proposed agreements, written or oral. Neither of the parties may alter, amend, nor modify this agreement, except by an instrument in writing signed by both parties. This agreement will be governed by and construed in accordance with the laws of United Kingdom. In the event that either party shall be required to bring any legal actions against the other it enforce any of the terms of this
  • 5. BUYER’S SIGNATURE 5/15 SELLER’S SIGNATURE agreement the prevailing party shall be entitles to recover reasonably attorney fees and costs. FOR AND ON BEHALF OF THE LESSEE ________________ _________ Signature and Stamp/Seal Name: Designation: Passport #: Nationality: Issue date: Expiry date: Lessee’s International Passport (Attached as Appendix A) FOR AND ON BEHALF OF THE LESSOR ________________ _________ Signature and Stamp/Seal Name: Designation: Passport #: Nationality: Issue date: Expiry date: Lessor’s International Passport (Attached as Appendix B) The Lessor and Lessee agree to the following banking co-ordinates pertaining to the agreement herein above stated: LESSOR’S BANKING CO-ORDINATES TO ISSUE BANK GUARANTEE (BG/SBLC) VIA SWIFT MT799 AND/OR MT760
  • 6. BUYER’S SIGNATURE 6/15 SELLER’S SIGNATURE Bank Name Bank Address Account Name Account Number IBAN Number SWIFT CODE Bank Officer LESSOR’S BANKIING CO-ORDINATES TO RECEIVE BANK TRANSMISSION / ADMINISTRATIVE FEES AND LEASE FEES Bank Name Bank Address Account/Beneficiary Name Special Instruction Account Number SWIFT CODE LESSOR RESERVES THE RIGHT TO USE ANY BANK ACCOUNT TO RECEIVE BANK TRANSMISSION/ADMINISTRATIVE FEES OR LEASE FEES TO SMOOTHEN TRANSACTION OPERATION (IT’S OUR BANK REGULATIONS AND PROCEDURE). LESSOR AND LESSEE RESERVES THE RIGHT TO CHANGE THE BANK COORDINATES STATED HEREIN AT ANYTIME BY PROVIDING WRITTEN REQUEST TO THE UNDERSIGNED. LESSEE’S BANK CO-ORDINATES TO RECEIVE BANK GUARANTEE (BG/SBLC) VIA SWIFT MT799 AND/OR MT760 Bank Name Bank Address
  • 7. BUYER’S SIGNATURE 7/15 SELLER’S SIGNATURE Account Holder Account Number SWIFT CODE Signatory Name LESSEE’S BANK CO-ORDINATES TO PAY FEES Bank Name Bank Address Account Holder Account Number SWIFT CODE Signatory Name LESSEE RESERVES THE RIGHT TO USE ANY BANK COORDINATE TO PAY FEES AND RECEIVE THE BG/SBLC VIA MT799 AND/OR MT760. (IT’S OUR BANK REGULATIONS AND PROCEDURE). APPENDIX A: LESSEE INTERNATIONAL PASSPORT
  • 8. BUYER’S SIGNATURE 8/15 SELLER’S SIGNATURE APPENDIX B: LESSOR INTERNATIONAL PASSPORT
  • 9. BUYER’S SIGNATURE 9/15 SELLER’S SIGNATURE “EXHIBIT A”
  • 10. BUYER’S SIGNATURE 10/15 SELLER’S SIGNATURE SAMPLE REFUND UNDERTAKING LETTER FOR BANK CHARGES FROM THE PROVIDER (Text may vary in substance but the essential undertaking must be maintained) TRANSACTION CODE : XXX 00/00/2017. ATTN : XXX CLIENT NAME XXX XXX CLIENT ADDRESS XXX DEAR SIR, SUBJECT: IRREVOCABLE CORPORATE REFUND UNDERTAKING WE HEREBY CONFIRM WITH FULL CORPORATE RESPONSIBILITY UNDER PENALTY OF PERJURY THAT WE ARE READY, WILLING AND ABLE TO DELIVER A FRESH CUT BG OR SBLC FOR TOTAL FACE VALUE OF $€00,000,000.00 (AMOUNT IN WORD) FROM OUR ISSUING BANK <NAME & ADDRESS OF BG /SBLC ISSUING BANK>,AS AGREED IN THE DEED OF AGREEMENT TO YOUR BANK COORDINATES WITH <ACCOUNT NAME & ACCOUNT NUMBER OF BG/SBLC FROM RECEIVING BANK>, WITHIN 48HOURS UPON CONFIRMATION OF YOUR WIRE TRANSFER OF $€00,000.00 (AMOUNT IN WORD) BEING THE BANK TRANSMISSION, ADMINISTRATIVE AND HANDLING CHARGES TO DELIVER BY SWIFT MT799 FOLLOWED BY MT760 OR BY DIRECT MT760 TO YOUR NOMINATED BANK ACCOUNT FOR AUTHENTICATION AND VERIFICATION BEFORE DELIVERY OF HARD COPY VIA BANK BONDED COURIER SERVICE TO YOUR BANK ADDRESS WHICH IS CONTAINED IN OUR DEED OF AGREEMENT. KINDLY RE-CONFIRM YOUR RECEIVING BANK ACCOUNT INFORMATION BELOW. LESSEE’S BANKING COORDINATES TORECEIVE BANK GUARANTEE (BG/SBLC) VIA SWIFT MT799/MT760. BANK NAME : XXX BANK ADDRESS : XXX ACCOUNT NAME : XXX ACCOUNT NUMBER : XXX BANK OFFICER : XXX SWIFT CODE : XXX WE HOWEVER, AGREE TO REFUND IMMEDIATELY TOYOU THE $€0,000.00 (AMOUNT IN WORD) AT THE END OF THE TRANSMISSION OF MT760 WITHIN 3 BANKING DAYS AFTER PAYMENT OF LEASING FEES AS STATED IN THE CONTRACT OR YOU CAN ADJUST THIS AMOUNT WHILE MAKING THE PAYMENT OF LEASE FEES. IF OUR BANKER FAILS TO DELIVER TO YOUR BANK ACCOUNT THE ELECTRONIC COPY OF BG VIA SWIFT MT760 WITH 72HOURS UPON CONFIRMATION OF YOUR DIRECT WIRE TRANSFER PAYMENT FOR THE BANK TRANSMISSION FEES INTO OUR BANK ACCOUNT STATED BELOW, WE WILL IMMEDIATELY REFUND TOTAL AMOUNT PAID FOR TRANSMISSION FEES INTO YOUR BANK ACCOUNT IN ADDITION TO A THE PENALTY FOR FAILURE OF PERFORMANCE BEING 1% OF THE TOTAL FACE VALUE OF BG/SBLC. WE HAVE GIVEN OUR CORPORATE INSTRUCTION TO OUR ISSUING BANK TO REFUND THE BANK TRANSMISSION FEES BY LODGING A COPY OF THIS UNDERTAKING ALONG WITH THE CONTRACT. LESSOR’S BANKING COORDINATES FOR ISSUING BANK GUARANTEE (BG/SBLC) VIA SWIFT MT799/MT760 (ALSO FOR REFUND). BANK NAME : XXX BANK ADDRESS : XXX ACCOUNT NAME : XXX ACCOUNT NUMBER : XXX IBAN NUMBER : XXX SWIFT CODE : XXX BANK OFFICER : XXX LESSOR’S BANKING COORDINATES TO RECEIVE BANK TRANSMISSION/ADMINISTRATIVE FEES. BANK NAME : XXX BANK ADDRESS : XXX ACCOUNT NAME : XXX ACCOUNT NUMBER : XXX
  • 11. BUYER’S SIGNATURE 11/15 SELLER’S SIGNATURE SWIFT CODE : XXX FOR AND ON BEHALF OF: LESSOR SIGNATURE NOTARY OFFICER SIGNATURE LESSOR NAME NOTARY OFFICER NAME “EXHIBIT B” SAMPLE SWIFT MT-199 OR 799 FROM ISSUING BANK TO BUYER BANK (Text may vary in substance but the essential undertaking must be maintained) FROM BANK NAME: BANK ADDRESS: BANK TEL: BANK FAX: BENK OFFICER NAME: SWIFT CODE: ACCOUNT NAME: ACCOUNT NO: TO BANK NAME: BANK ADDRESS: BANK TEL: BANK FAX: BENK OFFICER NAME: SWIFT CODE: ACCOUNT NAME: ACCOUNT NO: TRANSACTION CODE: AMOUNT: CURRENCY BENEFICIARY FOR VALUE RECEIVED, WE, ----- {NAME OF ISSUING BANK} -----, AT ----- {FULL BANK ADDRESS}-----, HEREBY ISSUE OUR IRREVOCABLE, UNCONDITIONAL AND NEGOTIABLE BG /SBLC NO : --------- IN FAVOUR OF ____________ THE BENEFICIARY XXXXXXXXXX FOR THE AMOUNT OF XXX AMOUNT IN WORD {$ EUR00,000,000.00}, VALID FOR ONE (1) YEAR AND ONE (01) 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/SBLC AT MATURITY, WITHOUT ANY PROTEST, DELAY OR OBJECTION, THE SUM OF XX $ OR EUR $€00,000,000.00 TO THE ORDER OF XXXXXXXXXX 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 ANDSURRENDER OF THIS BG/SBLC NO: -------------- AT THIS BANK AT MATURITY DATE.
  • 12. BUYER’S SIGNATURE 12/15 SELLER’S SIGNATURE THIS BG/SBLC 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/SBLC, SHALL BE DULY HONOURED ON DUE PRESENTATION TO US. THE DEMAND HEREUNDER MUST BE MARKED “DRAWN UNDER BG/SBLC NO: -------- DATED,_________{GUARANTY ISSUE DATE} THIS BG/SBLC 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 500, LATEST REVISION. THIS SWIFT IS OUR VALID AND OPERATIVE INSTRUMENT. NO MAIL CONFIRMATION WILL FOLLOW . ALL CHARGES ARE FOR THE ACCOUNT OF APPLICANT. PLEASE CONFIRM YOU ARE READY TO RECEIVE AND FUND THIS BANK INSTRUMENTS WITH GOOD, CLEAN AND NON-CRIMINAL ORIGIN FUNDS. FOR AND ON BEHALF OF <NAME OF ISSUING BANK> <ADDRESS OF ISSUING BANK> ______________________ ______________________ AUTHORIZED BANK OFFICER 1 AUTHORIZED BANK OFFICER 2 <NAME, TITLE, PIN CODE> <NAME, TITLE, PIN CODE> “EXHIBIT C” SAMPLE SWIFT MT-760 FROM ISSUING BANK TO BUYER BANK (Text may vary in substance but the essential undertaking must be maintained) FROM BANK NAME: BANK ADDRESS: BANK TEL: BANK FAX: BENK OFFICER NAME: SWIFT CODE: ACCOUNT NAME: ACCOUNT NO: TO BANK NAME: BANK ADDRESS: BANK TEL: BANK FAX: BENK OFFICER NAME: SWIFT CODE: ACCOUNT NAME: ACCOUNT NO: BANK GUARANTEE NO.: ISSUING BANK NAME: HSBC BANK PLC BANK ADDRESS: 8 CANADA SQUARE E14 5HQ LONDON, UNITED KINGDOM.
  • 13. BUYER’S SIGNATURE 13/15 SELLER’S SIGNATURE CURRENCY: ISSUED DATE: MATURITY DATE: AMOUNT: APPLICANT: XXXXXXXXXXXXXX BENEFICIARY: XXXXXXXXXXXXXX FOR VALUE RECEIVED WE THE UNDERSIGNED, HSBC BANK PLC, ADDRESS AT 8 CANADA SQUARE E14 5HQ LONDON UK, HEREBY IRREVOCABLY, UNCONDITIONALLY AND WITHOUT PROTEST OR NOTIFICATION ON FIRST DEMAND, PROMISE TO PAY AT MATURITY TO THE ORDER OF ___________ THEREOF, THE SUM OF XXXXXXXXXXXXX (XXXXXXX MILLION XXX) IN THE LAWFUL CURRENCY OF THE EUROPEAN UNION/UNITED STATES DOLLARS UPON PRESENTATION AND SURRENDER OF THIS GUARANTEE AT THE OFFICE OF HSBC BANK PLC. SUCH PAYMENT SHALL BE MADE WITHOUT SET OFF AND SHALL BE UNENCUMBERED FREE AND CLEAR OF ANY DEDUCTIONS, CHARGES, FEES OR WITH HOLDING OR ANY NATURENOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED, WITHHELD OR ASSESSED BY THE GOVERNMENT OR ANY POLITICAL SUBDIVISION OR AUTHORITY THEREOF OR THEREIN. THIS GUARANTEE IS FULLY CASH BACKED WITH FUNDS ON DEPOSIT THAT ARE GOOD, CLEAN, CLEARED OF NON -CRIMINAL ORIGIN, FREE OF ANY LIENS OR ENCUMBRANCES LEGALLY EARNED BY THE APPLICANT. THIS BANK GUARANTEE IS UNCONDITIONAL, TRANSFERABLE, ASSIGNABLE, DIVISIBLE AND CONFIRMED WITHOUT PRESENTATION OF IT TO US AND SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED KINGDOM. THIS BANK GUARANTEE IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES FOR BANK GUARANTEE AS SET FORTH BY THE INTERNATIONAL CHAMBER OF COMMERCE - PARIS - FRANCE, LATEST REVISION OF PUBLICATION 758. THIS IS AN OPERATIVE INSTRUMENT, NO MAIL CONFIRMATION WILL FOLLOW. FOR AND ON BEHALF OF: XXX ISSUING BANK XXX XXX ISSUING BANK ADDRESS XXX BANK OFFICER 1 BANK OFFICER 2 TITLE (PIN) TITLE (PIN) SAMPLE TEXT OF READY WILLING AND ABLE(RWA) DATE : TRANSACTION CODE : AMOUNT : APPLICANT NAME : ISSUING BANK : ACCOUNT NUMBER BANK OFFICER : BENEFICIARY : RECEIVING BANK : RECEIVING BANK ADDRESS : ACCOUNT NO. : SWIFT CODE : RE: BANK CONFIRMATION: READY, WILLING AND ABLE (RWA)
  • 14. BUYER’S SIGNATURE 14/15 SELLER’S SIGNATURE FOR VALUE RECEIVED, WE, XXXXXXXXXXXXXXX ISSUING BANK , AT XXXXXXXXXXX BANK ADDRESS , HEREBY ISSUE OUR IRREVOCABLE, UNCONDITIONAL AND NEGOTIABLE SBLC NO : HSBCXXXXXXXXX IN FAVOUR OF MILLENNIUM CREST SDN BHD THE BENEFICIARY XXXXXXXXXX FOR THE AMOUNT OF XXXXXXXXXXXXXXXX, VALID FOR ONE (01) YEAR AND ONE (01) DAY AND DUE FOR PAYMENT AT MATURITY ON XXXXXXX {01 YEAR + 01 DAY MATURITY DATE FROM ISSUING DATE} XXXXXXXXX. WE HEREBY IRREVOCABLY AND UNCONDITIONALLY UNDERTAKE TO PAY IN FULL AGAINST THIS SBLC CASH BACK ICC 758 AT MATURITY, WITHOUT ANY PROTEST, DELAY OR OBJECTION, THE SUM OF XXXXXXXXXXXXXXXXXX TO THE ORDER OF XXXXXXXXXXXXXXXXXXXXX. 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 SBLC NO: XXXXXXXXXXXXXXXX AT THIS BANK AT MATURITY DATE. THIS SBLC 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 SBLC, SHALL BE DULY HONOURED ON DUE PRESENTATION TO US. THE DEMAND HEREUNDER MUST BE MARKED “DRAWN UNDER SBLC NO: XXXXXXX DATED,XX/XX/XX{GUARANTY ISSUE DATE}. THIS SBLC 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 758, LATEST REVISION. THIS SWIFT IS OUR VALID AND OPERATIVE INSTRUMENT. NO MAIL CONFIRMATION WILL FOLLOW. ALL CHARGES ARE FOR THE ACCOUNT OF APPLICANT. THIS BANK INSTRUMENT IS WITH GOOD,CLEAN AND NON-CRIMINAL ORIGIN FUND. ________________________ _________________________ AUTHORIZATION BANK OFFICER NAME AUTHORIZATION BANK OFFICER NAME TITLE : TITLE : TOTAL COMMISSION FEE OF 2% OF FACE VALUE IN EURO/USD PAID BY THE LESSEE TO BE SHARED EQUALLY AS FOLLOW: TOTAL COMMISSION OF 2% TO LESSEE’S SIDE (OPEN) PARTICULARS PAYMASTER 1 Name E-mail Bank Name Bank Address ABA Routing Number Account Number Account Name SWIFT CODE
  • 15. BUYER’S SIGNATURE 15/15 SELLER’S SIGNATURE 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 Agreement has been agreed and executed by the undersigned on this day MM/DD/YYYY. FOR AND ON BEHALF OF THE LESSEE ________________ _________ Signature and Stamp/Seal Name: Nationality: Passport #: Issue date: Expiry date: Place of Issue: