B Upper Ring Manual Download Contract
B Upper Ring Manual Download Contract
B Upper Ring Manual Download Contract
No. _______________
This Private Investment Agreement, on delivery of cash funds for investments via SWIFT MT103 manual download
(hereinafter referred to as the “Agreement”), is made and effective as of this 20 November 2017, by and between the
following parties:
with full corporate authority and legal responsibility to sign this Agreement (hereinafter referred to as the “ Investor” or
“Sender”) from the one part;
and
COMPANY NAME
REGISTERED ADDRESS
BANK ADDRESS
BANK TELEPHONE NO.
BANK OFFICER.
ACCOUNT HOLDER
ACCOUNT NO.
BIC / SWIFT CODE
with full corporate authority and legal responsibility to sign this Agreement (hereinafter referred to as the “ Partner” or
“Receiver”) from the other part.
or, Investor and Partner, hereinafter referred to as the “Parties” or each individually to as the “Party”.
Both Parties, in consideration of the premises and the mutual promises and covenants contained in this Agreement, and
for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows.
WHEREAS:
a) Investor agrees to make the non-recourse investment to Partner’s designated banking coordinates, of the total
amount of €5,000,000,000.00 (Five billion Euro), for further iinvestments in ffinancial and information sector, as well as
technology development, engineering, marketing and deployment of international projects.
b) Investor confirms that its cash investment funds are currently held by (THURGAUER KANTONALBANK) and
ready to be transferred to Par tner’ designated banking coordinates, as per its further instructions; via SWIFT MT103
manual Download by upper ring aiming at investments. All Issuing and Correspondent Bank charges are all for the
account of Investor, and all Receiving Bank charges are for the account of Partner.
c) Partner confirms that it is Ready, Willing and Able (RWA) to receive the referenced fund transfers and guarantees
that it has personally verified, under personal and corporate responsibility, that its receiving bank - ATTIJARIWAFA
BANK, is fully authorized by the Morocco’s National Bank to engage in the financial settlements and receive cash funds
d) Partner further unconditionally guarantees to Investor a total Investment Yield of 60% (Sixty Percent) of the face
value of each investment tranche received and undertakes to transfer said Yields to each Master Paymaster’s banking
coordinates below (the balance of 40% (Forty Percent) shall be kept by Receiver for services rendered)), in %
(percentage) value as approved by the Investor in Article I and within 2 (two) banking days of receipt each 100%
investment tranche to its account ARTICLE I. INVESTMENT PROJECTS MASTER PAYMASTERS BANKING
COORDINATES.
Parties have agreed that the investment funds, upon receipt by Partner, shall be split and disbursed as follows:
REQUIRED INSTRUCTIONS: EACH WIRE TRANSFER REMITTANCE FEES MUST BE PAID, AND A
SWIFT TRANSMISION COPY TO BE SENT BY E-MAIL WITHIN 12
BANKING HOURS TO: ATFCLIMITED@GMAIL.COM FOR TRACKING
AND LEGAL VERIFICATION PURPOSES PURSUANT TO PATRIOT
ACT AND BANKING REGULATIONS, WITH A COPY OF THE ORIGINAL
CONTRACT TO BE LODGED WITH THE BENEFICIARY BANK.
SPECIAL SWIFT WIRE "THE REMITTER IS KNOWN TO US, FUNDS ARE GOOD, CLEAN,
TRANSFER INSTRUCTIONS: CLEARED AND OF NON-CRIMINAL ORIGIN, ARE LIEN FREE AND
UNENCUMBERED, HAS BEEN EARNED FROM SERVICES
RENDERED AND ARE FREE FOR ANY INVESTMENT PURPOSES.
THIS IS DONE WITH FULL BANKING RESPONSIBILITY, AND WE
ARE SATISFIED AS TO THE SOURCE OF FUNDS SENT TO US,
WHICH ARE PAYABLE IN CASH AND IN FULL AMOUNT
IMMEDIATELY UPON RECEIPT BY BENEFICIARY’S BANK, BASED
ON THE SAME DAY VALUE AND CREDIT".
REQUIRED INSTRUCTIONS: EACH WIRE TRANSFER REMITTANCE FEES MUST BE PAID, AND A SWIFT
TRANSMISION COPY TO BE SENT BY E-MAIL WITHIN 12 BANKING HOURS
TO: INFO-2@KHALILCO.COM FOR TRACKING AND LEGAL VERIFICATION
PURPOSES PURSUANT TO PATRIOT ACT AND BANKING KHALILCO
INTERNATIONAL GROUP OF THE ORIGINAL CONTRACT TO BE LODGED
WITH THE BENEFICIARY BANK.(FORWARD ACCOUNT DATA WILL BE SENT
EMAIL ONCE THE CONTRACTS HAVE BEEN SIGNED)
SPECIAL SWIFT WIRE
TRANSFER INSTRUCTIONS: "THE REMITTER IS KNOWN TO US, FUNDS ARE GOOD, CLEAN, CLEARED
AND OF NON-CRIMINAL ORIGIN, ARE LIEN FREE AND UNENCUMBERED,
HAS BEEN EARNED FROM SERVICES RENDERED AND ARE FREE FOR ANY
INVESTMENT PURPOSES. THIS IS DONE WITH FULL BANKING
RESPONSIBILITY, AND WE ARE SATISFIED AS TO THE SOURCE OF FUNDS
SENT TO US, WHICH ARE PAYABLE IN CASH AND IN FULL AMOUNT
IMMEDIATELY UPON RECEIPT BY BENEFICIARY’S BANK, BASED ON THE
".
SAME DAY VALUE AND CREDIT
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NUMBER:
IBAN:
BANK OFFICER NAME:
BANK TEL/FAX:
REASON FOR PAYMENT:
PRIVATE INVESTMENT AGREEMENT NO. FMZ-E2B-17082017
SPECIAL SWIFT WIRE
TRANSFER INSTRUCTIONS: "THE REMITTER IS KNOWN TO US, FUNDS ARE GOOD, CLEAN, CLEARED
AND OF NON-CRIMINAL ORIGIN, ARE LIEN FREE AND UNENCUMBERED,
HAS BEEN EARNED FROM SERVICES RENDERED AND ARE FREE FOR ANY
INVESTMENT PURPOSES. THIS IS DONE WITH FULL BANKING
RESPONSIBILITY, AND WE ARE SATISFIED AS TO THE SOURCE OF FUNDS
SENT TO US, WHICH ARE PAYABLE IN CASH AND IN FULL AMOUNT
IMMEDIATELY UPON RECEIPT BY BENEFICIARY’S BANK, BASED ON THE
".
SAME DAY VALUE AND CREDIT
REQUIRED INSTRUCTIONS: EACH WIRE TRANSFER REMITTANCE FEES MUST BE PAID, AND A
SWIFT TRANSMISION COPY TO BE SENT BY E-MAIL WITHIN 12
BANKING HOURS TO: xxxxxxxxxxxxxxxx FOR TRACKING AND
LEGAL VERIFICATION PURPOSES PURSUANT TO PATRIOT ACT
AND BANKING REGULATIONS, WITH A COPY OF THE ORIGINAL
CONTRACT TO BE LODGED WITH THE BENEFICIARY BANK.
SPECIAL SWIFT WIRE "THE REMITTER IS KNOWN TO US, FUNDS ARE GOOD, CLEAN,
TRANSFER INSTRUCTIONS: CLEARED AND OF NON-CRIMINAL ORIGIN, ARE LIEN FREE AND
UNENCUMBERED, HAS BEEN EARNED FROM SERVICES
RENDERED AND ARE FREE FOR ANY INVESTMENT PURPOSES.
THIS IS DONE WITH FULL BANKING RESPONSIBILITY, AND WE
ARE SATISFIED AS TO THE SOURCE OF FUNDS SENT TO US,
WHICH ARE PAYABLE IN CASH AND IN FULL AMOUNT
IMMEDIATELY UPON RECEIPT BY BENEFICIARY’S BANK, BASED
ON THE SAME DAY VALUE AND CREDIT".
a) Investor represents and warrants, with full corporate authority and legal responsibility, that it has full permission to
enter into this Agreement. It further hereby declares under penalty of perjury that the cash investment funds are good,
clean, cleared, of non-criminal and non-terrorist srcin, are free and clear of all liens, encumbrances and third party
interest.
b) The Parties undertake, each to his own responsibility, to carefully follow all terms, conditions and procedures in
this Agreement.
2.2 RECEIVING BANK OFFICER, UPON RECEIPT OF TRANSFER DETAILS/CODES, MANUALLY DOWNLOADS
THE FUNDS FROM THE SWIFT UPPER RING TO ITS BANK COMMON ACCOUNT, AND UPON CLEARING OF
FUNDS CREDITS THE CLIENT (“PARTNER”) ACCOUNT, PLUS TAKES / ISSUES THE NEW ACCOUNT BALANCE
Investor: Page 4 of 13 Partner:
PRIVATE INVESTMENT AGREEMENT
No. _______________
SCREEN-SHOT (TO CONFIRM THE VALUE DATE AND AMOUNT CREDIT), WHICH COPY WILL BE SENT TO
PARTNER BY E-MAIL.
2.3 PARTNER INSTRUCTS ITS BANK TO ISSUE/SEND TO EACH THREE (3) MASTER PAYMASTER’S BANKING
COORDINATES BY SWIFT MT799 CONDITIONAL BANK PAYMENT UNDERTAKING (BPU) (SEE ANNEX-1) FOR THE
VALUE AGREED PER TRANCHE SCHEDULE, VALID FOR AND AUTOMATICALLY REVOLVING UNTIL COMPLETION
OF THIS AGREEMENT, WITH COPY ALSO TO EACH MASTER PAYMASTER BY E-MAIL.
2.4 INVESTOR, UPON RECEIPT OF CONFIRMATION THAT THREE (3) BPU HAS BEEN SUCCESSFULLY
RECEIVED BY EACH MASTER PAYMASTER’S BANK BY SWIFT MT799, SENDS THE TRANCHE RELEASE CODE TO
PARTNER BY EMAIL.
2.5 RECEIVING BANK OFFICER, UPON RECEIPT OF RELEASE CODE, IMMEDIATELY AND WITHOUT DELAYS
CLOSES THE TRANSACTION BY RELEASING FUNDS UNDER BPU, CLEARS THE FUNDS AND CREDITS THEM TO
ITS CLIENT’S (THE “PARTNER”) ACCOUNT, BLOCKS THE VALUE OF FUNDS NEEDED FOR THE SETTLEMENT
WITH EACH PROJECT MASTER PAYMASTER AND MAKES(WITHIN 2 BANKING DAYS) THREE (3) SWIFT
MT103/202 WIRE TRANSFERS/RE-DISTRIBUTIONS OF THE CASH INVESTMENT FUNDS TO EACH MASTER
PAYMASTER’S ACCOUNT, AS PER THIS AGREEMENT. A COPY OF EACH SWIFT TRANSMISSION WILL BE SENT
TO EACH MASTER PAYMASTER BY E-MAIL WITHIN 12 BANKING HOURS.
2.6 ALL SUBSEQUENT TRANCHES WILL BE EXECUTED BY INVESTOR, TO BE RECEIVED AND RE-
DISTRIBUTED/RE-INVESTED BY RECEIVER, UNDER THE SAME ABOVE PROCEDURE CLAUSE 2.1 TO 2.5, UNTIL
ALL INVESMENT FUNDS ARE EXHAUSTED BY INVESTOR AND ALL BANK PAYMENT UNDERTAKINGS ARE
SETTLED BY PARTNER.
Type of bank instrument CASH TRANSFER, VIA SWIFT MT103 MANUAL DOWNLOAD BY UPPER
RING
Total Amount of Agreement €5,000,000,000.00 (FIVE BILLION EURO), WITH POSSIBLE R&E
First and following Tranches €5,000,000,000.00 (FIVE BILLION EURO)
Re-disbursement of Funds IN ACCORDANCE WITH THE ARTICLE I.
Object of the Investments FINANCIAL & INFORMATION TECHNOLOGY DEVELOPMENT,
ENGINEERING, MARKETING AND DEPLOYMENT INTERNATIONAL
PROJECTS.
Partner hereby confirms and declares that Investor, its associates or representatives or any person or persons on its
behalf has/have never been solicited by any party, its shareholders or associates or representatives in any way
whatsoever that can be construed as a solicitation for this transaction or for future transactions.
Any delay in or failure of performance by either party of their respective obligations under this Agreement shall constitute a
breach hereunder and will give rise to claims for damages if, and to the extent that such delays or failures in performance
are not caused by events or circumstance beyond the control of such party.
The term “Beyond the Control of Such Party” includes Act of War, Rebellion, Fire, Flood, Earthquake or other natural
disasters, as well as any other causes not within the control of such party or which the party by exercise of reasonable
diligence is unable to foresee or prevent or remedy.
Organization. It is duly organized, validly existing and in good standing under the laws of its jurisdiction of formation
with all requisite power and authority to enter into this Agreement, to perform its obligations hereunder and to conduct the
business of the Program and the Subsidiaries.
Enforceability: This Agreement constitutes the legal, valid and binding obligation of such party enforceable in
accordance with its terms.
No Conflict: The execution and delivery of this Agreement by it and the consummation of the transactions
contemplated hereby by it do not conflict with or contravene the provisions of its organizational documents or any
agreement or instrument by which it or its properties or assets are bound or any law, rule, regulation, order or decree to
which it or its properties or assets are subject.
Both Parties permission: Both Parties has been afforded the opportunity to seek and rely upon the advice of its/their own
attorney, accountant or other professional advisor in connection with the execution of this Agreement. The Parties shall do
so in respect of each other and under this Agreement written conditions.
ARTICLE V. MISCELLANEOUS
Notice(s): The two authorized signatories will execute any modifications, amendments, and addendums or follow
on contracts respectively. When signed and referenced to this Agreement, whether received by mail or facsimile
transmission as all and any facsimile or photocopies certified as true copies of the srcinals by the Parties hereto shall be
considered as an srcinal, both legally binding and enforceable for the term of this Agreement.
Specific Performance; Other Rights: The Parties recognize that several of the rights granted under this Agreement
are unique and, accordingly, the Parties shall, in addition to such other remedies as may be available to them at law or in
equity, have the right to enforce their rights under this Agreement by actions for injunctive relief and specific performance.
Prior Agreements; Construction; Entire Agreement: This Agreement, including the ANNEXES and other documents
referred to herein (which form a part hereof), constitutes the entire agreement of the Parties with respect to the subject
matter hereof, and supersedes all prior agreements and understandings between them as to such subject matter and all
such prior agreements and/or understandings are merged herein and shall not survive the execution and delivery hereof.
In the event of any conflict between the provisions of this Agreement and those of (if any) joint venture agreements, the
provisions of the applicable joint venture agreement shall control.
Amendments: This Agreement may not be amended, altered or modified except upon the unanimous by instrument in
writing and signed by each of Investor and Partner.
Severability: If any provision of this Agreement shall be held or deemed by a final order of a competent authority to be
invalid, inoperative or unenforceable, such circumstance shall not have the effect of rendering any other provision or
provisions herein contained invalid, inoperative or unenforceable, but this Agreement shall be construed as if such invalid,
inoperative or unenforceable provision had never been contained herein so as to give full force and effect to the remaining
such terms and provisions.
Counterparts: This Agreement may be executed in one or more counterparts, all of whom shall be considered one and
the same agreement, and shall become effective when one or more such counterparts have been signed by and delivered
to each of the Parties.
Applicable Law; Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of
the United Kingdom.
Waiver Of Jury Trial: The Parties hereto hereby irrevocably and unconditionally waive trial by jury in any legal action
or proceeding relating to this Agreement and for any counterclaim therein.
Arbitration: Every attempt shall be made to resolve disputes arising from unintended or inadvertent violation of this
contractual agreement as far as possible amicably. In the event that adjudication is required local legal process shall be
preceded with according to the principal of the ICC as above indicated. Where judicial resolution is not thereby achieved,
No Rights of Third Parties: This Agreement is made solely and specifically between and for the benefit of (i) the Parties
hereto and their respective members, successors and assigns subject to the express provisions hereof relating to
successors and assigns, and (ii) no other Person whatsoever shall have any rights, interest, or claims hereunder or be
entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise.
Survival: The covenants contained in this Agreement which, by their terms, require performance after the
expiration or termination of this Agreement shall be enforceable notwithstanding the expiration or other termination of this
Agreement.
Headings: Headings are included solely for convenience of reference and if there is any conflict between headings
and the text of this Agreement, the text shall control.
Currency: Any investment, yield payment of re-distribution of funds between Investor, Partner and Master
Paymasters shall be made in the same Euro (EUR/€) currency in which Investor transferred the initial investment f und. In
addition, all calculations pursuant to this Agreement and joint venture agreement (if any) shall be based on ICC
regulations.
EDT (Electronic Document Transmissions): EDT’s shall be deemed valid and enforceable in respect of any provisions of
this Agreement. And, as applicable, this Agreement shall:
● Incorporate U.S. Public Law 106- 229, ‘‘Electronic Signatures in Global and National Commerce Act’’ or
such other applicable law conforming to the UNCITRAL Model Law on Electronic Signatures (2001) and ELECTRONIC
COMMERCE AGREEMENT (ECE/TRADE/ 257, Geneva, May 2000) adopted by the United Nations Centre for Trade
Facilitation and Electronic Business (UN/CEFACT);
● EDT documents shall be subject to European Community Directive No. 95/46/EEC , as applicable. Either
Party may request hard copy of any document that has been previously transmitted by electronic means provided
however, that any such request shall in no manner delay the Parties from performing their respective obligations and
duties under EDT instruments; and
● ELECTRONIC TRANSMISSIONS:Each Party is to sign and initial this Agreement and send copies to the other
Party via Electronic Mail and shall be considered the same as an srcinal. When each Party has completed copies of this
Electronic Mail from the other Party, the Agreement is considered to be finalized by all Parties. The Parties consent and
agree to be bound contractually by electronic communications relative to the matters addressed in this Agreement. By
executing this Agreement both Parties acknowledge that they have the hardware and software required to receive and
transmit communications (emails and email attachments) electronically to each other, in generally-acceptable business
formats (such as, but not limited to, Microsoft Excel PowerPoint). Both Parties specifically agree to do business with each
other electronically.
TH
IN WITNESS WHERE OF, THE PARTIES HAVE HEREUNTO EXECUTED THIS AGREEMENT ON THIS 17 DAY OF
AUGUST 2017, COMPOSED BY 12 (TWELVE) PAGES INCLUSIVE 5 (FIVE) ANNEXES, AND HEREBY SWEAR UNDER
THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT THE INFORMATION PROVIDED BY HIM/THEM
HEREIN IS ACCURATE AND TRUE AND THAT I/THEY HAVE READ AND UNDERSTOOD THE FULL AGREEMENT,
SIGNED AND SEALED ON THE DATE INDICATED BELOW.
ANNEX-2
ANNEX-3
ANNEX-4
PARTNER’S COPY OF THE PASSPORT
ANNEX-5
PARTNER’S COMPANY COPY OF THE REGISTRAR