Lease HSBC-10+2%
Lease HSBC-10+2%
Lease HSBC-10+2%
DEED OF AGREEMENT
COMPANY NAME
ADDRESS
COMPANY REGISTRATION
REPRESENTED BY
PASSPORT NUMBER
TELEPHONE Provide After Countersigned
E-MAIL Provide After Countersigned
HEREIN NAMED AS "PROVIDER", HEREBY CONFIRM, WITH FULL LEGAL RESPONSIBILITY, UNDER PENALTY OF
PERJURY OF LAW THAT WE ARE READY, WILLING AND ABLE TO DELIVER FOLLOWING BANK INSTRUMENT, UNDER THE
TERMS AND CONDITIONS DESCRIBED BELOW, BASED ON GOOD, CLEAN, CLEAR UNENCUMBERED FUNDS OF NON-
CRIMINAL ORIGIN;
AND
COMPANY NAME
ADDRESS
COMPANY REGISTRATION
REPRESENTED BY
PASSPORT NUMBER
TELEPHONE
E-MAIL
HEREIN NAMED AS "RECEIVER", HEREBY CONFIRM, WITH FULL LEGAL RESPONSIBILITY, UNDER PENALTY OF PERJURY
OF LAW, THAT WE ARE READY, WILLING AND ABLE TO FUND AGAINST FOLLOWING BANK INSTRUMENT, UNDER THE
TERMS AND CONDITIONS DESCRIBED BELOW WITH GOOD, CLEAN, CLEAR, UNENCUMBERED FUNDS OF NON-CRIMINAL
ORIGIN.
12 PERIOD OF LEASE ONE YEAR AND ONE DAY (WITH POSSIBLE RENEWED ANNUALLY UP TO FIVE YEARS)
I, MR. --------------------, C.E.O., HOLDER PASSPORT NUMBER GH30321, ACCOUNT HOLDER AND AUTHORIZED SIGNATORY,
HEREBY CONFIRM WITH FULL LEGAL AND CORPORATE RESPONSIBILITY, THAT WE ARE READY, WILLING AND ABLE TO
UNDERTAKE FOR THE EXCHANGE OF THE HEREIN DESCRIBED SBLC DERIVED FROM LEGAL SOURCES AND OF NON-
CRIMINAL ORIGIN THROUGH OUR BANKING RESOURCES UNDER THE TERMS AND CONDITIONS STATED HEREIN,
AGAINST GOOD, CLEAN, CLEAR FUNDS OF NON-CRIMINAL ORIGIN.
WHEREAS, BENEFICIARY / RECEIVER DESIRES TO RECEIVE A COLLATERAL FACILITY FROM PROVIDER, IN FORM OF
SBLC FOR THE PURPOSE TO SECURE WORKING CAPITAL AND PROPER MANAGEMENT OF HIS DAILY BUSINESS, AND
FURTHER CONFIRMS WITH FULL CORPORATE AND LEGAL RESPONSIBILITY THAT SUFFICIENT FUNDS ARE AVAILABLE
TO COVER THE COSTS OF THE SAID CREDIT FACILITY.
WHEREAS, PROVIDER ACCEPTS BENEFICIARY’S APPLICATION FOR THE COLLATERAL FACILITY, IN FORM OF SBLC BY
ISSUING AND TRANSFERRING TO THE BENEFICIARY ALL ITS RIGHTS ON SBLC TITLE AND ANY OTHER INTEREST, PLUS
FURTHER REPRESENTS AND WARRANTS THAT IT HAS THE ABILITY AND RESOURCE TO CAUSE THE ISSUANCE &
ARRANGE THROUGH ASSOCIATES, CONTRACTS AND SOURCES, WITH FULL CORPORATE RESPONSIBILITY, SUCH
FINANCIAL INSTRUMENT(S) AS REQUIRED AND AS PER TERMS MUTUALLY AGREED HEREIN. THE PROVIDER HEREBY
DECLARES, UNDER FULL PENALTY OF PERJURY, EACH SBLC WILL BE BACKED BY GOOD, CLEAN, CLEAR FUNDS OF NON-
CRIMINAL ORIGIN, FREE & CLEAR OF ALL LIENS, ENCUMBRANCES & ANY THIRD PARTY INTERESTS.
NOW THEREFORE, BENEFICIARY/RECEIVER HAS AGREED TO RECEIVE INSTRUMENT(S) AND PROVIDER HAS AGREED
TO ISSUE/DELIVER SAID INSTRUMENTS BASED ON THE FOLLOWING TERMS AND CONDITIONS:
1.RECEIVER SEND TO PROVIDER THIS DOA WITH ALL DOCUMENTS FOR DUE DILIGENCE AND COMPLIANCE (FULLY
FILLED OUT WITH ALL REQUIRED BANK DATA, SIGNED AND SEALED) AND WITHIN 3-5 BANKING DAYS PROVIDER
CONFIRMS COMPLIANCE AND DUE DILIGENCE TO RETURN THE CONFIRMED CONTRACT.PROVIDER COUNTER SIGN
DOA AND RETURN TO LESSEE, WHICH HEREBY AUTOMATICALLY BECOMES A FULL RECOURSE COMMERCIAL
CONTRACT AFTER THE PROVIDER HAS ACCEPTED / COUNTERSIGNED THE RECEIVER’S APPLICATION.
2. WITHIN FIVE (5) BANKING DAYS, RECEIVING BANK OF RECEIVER WILL ISSUE RWA VIA SECURE BANK E-MAIL OR
SWIFT MT199/799 (EXHIBIT A) TO DESIGNED BANK BY PROVIDER AND SEND COURTESY COPY SWIFT MESSAGE TO
PROVIDER WITHIN 24 BANKING HOURS. Bank Name:HSBC BANK PLC - SWIFT CODE: xxxxxxxxxxx
Bank Officer:(Provide After Countersigned)(Chief Compliance Officer) :(Provide After Countersigned - COURTESY COPY:
(Provide After Countersigned) ONCE RECEIVED BANKING E-MAIL, AND VERIFIED BY PROVIDER’S COMPLIANCE BANK
3. WITHIN FIVE (5) BANKING DAYS, ISSUING BANK OF THE PROVIDER WILL ISSUE AN MT-799 PRE-ADVICE (EXHIBIT B)
CONFIRMING THAT THEY ARE READY, WILLING AND ABLE TO ISSUE AS PER THE FORMAT SET OUT IN EXHIBIT D.
PROVIDER SENDS COPY OF THE MT-799 PRE-ADVICE TO THE BENEFICIARY/RECEIVER WITHIN 24 BANKING HOURS.
4. WITHIN FIVE (5) BANKING DAYS OF THE RECEIPT OF THE PROVIDER’S MT-799 PRE-ADVICE, THE RECEIVING BANK
WILL SEND BY SWIFT MT-799 THE BPU (EXHIBIT C) CONFIRMING RECEIPT AND ABILITY TO PAY THE TOTAL AMOUNT
UP TO 12% (10% + 2%) OF THE TOTAL FACE THE INSTRUMENT WHICH WILL INCLUDE ALL CONSULTANCY FEES.
5. WITHIN FIVE (5) BANKING DAYS OF PROVIDER RECEIVING BPU FROM THE RECEIVING BANK, ISSUING BANK SHALL
ISSUE SWIFT MT-760 (EXHIBIT D) & PROVIDER WILL SIMULTANEOUSLY ISSUE ITS CORPORATE INVOICE FOR THE
SAME.
6. THE RECEIVING BANK WILL RECEIVE, CONFIRM AND VERIFY THE SWIFT MT-760 SBLC. THE RECEIVER, WITHIN TEN
(10) BANKING DAYS OF MT760 RECEPTION, WILL REMIT PAYMENT TO THE PROVIDER’S DESIGNATED ACCOUNT(S) THE
ASSIGNMENT FEES AND THE CONSULTANCY FESS TO THE INTERMEDIARIES’ DESIGNATED ACCOUNT(S).
7. SHOULD BENEFICIARY/RECEIVER DEFAULT IN PAYING LEASE FEES AND TRANSACTION FEES AS STIPULATED IN
THIS DOA WITHIN STIPULATED TIME AFTER RECEIPT OF SWIFT MT-760, PROVIDER SHALL INSTRUCT ISSUING BANK
TO PUT A CLAIM ON SBLC THEREBY FORCING RECEIVING BANK TO RETURN THE SWIFT MT-760 SBLC TO THE ISSUING
BANK.
8. WITHIN TEN (10) BANKING DAYS AFTER RECEIPT OF ALL FEES INCLUDING THE CONSULTANCY FEES, THE HARD
COPY OF THE SBLC WILL BE SENT TO RECEIVING BANK BY BANK-BONDED COURIER.
9. UPON SUCCESSFUL COMPLETION FIRST TRANCHE, AS MUTUALLY AGREED BY BOTH PARTIES, BEGINNING WITH
PROCEDURE NEXT TRANCHES; PROVIDER WILL ISSUE SWIFT MT760 IN FAVOR OF BENEFICIARY ACCORDING THIS DOA.
10. THIS DOA IS A FULL RECOURSE COMMERCIAL COMMITMENT GOVERNED BY THE LAW OF THE UNITED KINGDOM
AND STANDARDS UNDER ICC REGULATION.
SANCTIONS (NON-PERFORMANCE)
AFTER THIS CONTRACT IS SIGNED BY BOTH PROVIDER AND BENEFICIARY/RECEIVER, AND COPIES EXCHANGED
ELECTRONICALLY OR OTHERWISE BY A DELIVERY SERVICE, FAILURE TO FOLLOW THE CLOSING PROCEDURE IN TIME
AND FORM HEREIN IS CONSIDERED BREACH OF THIS CONTRACT AND PUTS THE FAILING PARTY IN DEFAULT POSITION
TO PAY A ONE-TIME PENALTY (NON-PERFORMANCE) FEE OF 2% OF THE CONTRACT VALUE TO THE PRINCIPAL
SUFFERING PARTY.
RECEIVER/LESSEE OBLIGATION:
BENEFICIARY/RECEIVER, WITH FULL CORPORATE AND LEGAL RESPONSIBILITIES, AND UNDER PENALTY OF PERJURY,
CONFIRMS THAT HE IS FULLY AWARE OF HIS FINANCIAL ABILITY AND FACILITIES WITH HIS BANK WHEN SIGNING
THIS LOI AND/OR OTHER AGREEMENTS AND DOCUMENTS WITH THE PROVIDER. BENEFICIARY/LESSEE FURTHER
CONFIRMS THAT THE PROVIDER IS AUTHORIZED TO VERIFY THE FUNDS OF EACH TRANCHE OF THE CONTRACT WITH
HIS BANK, IF NECESSARY. IN THE EVENT OF UNSATISFACTORY VERIFICATION, THE TRANSACTION WILL BE
SUSPENDED IMMEDIATELY AND RECEIVER IS IN BREACH OF THE CONTRACT AND LIABLE FOR LEGAL CONSEQUENCES.
PROVIDER OBLIGATION:
BENEFICIARY/RECEIVER WITH FULL CORPORATE AND LEGAL RESPONSIBILITIES, AND UNDER PENALTY OF PERJURY,
CONFIRMS THAT PROVIDER IS FULLY AWARE OF THE COMMITMENT OF THE INSTRUMENTS WHEN COUNTERSIGNING
THIS LOI. THE PROVIDER FURTHER CONFIRMS TO DELIVER THE INSTRUMENTS, TO NEGOTIATE AND MAKE PROPER
ARRANGEMENT WITH PROVIDER TO CONTINUOUSLY SUPPLY THE INSTRUMENTS UNTIL THE WHOLE CONTRACTED
VOLUME IS EXHAUSTED. WITHOUT EXPRESSED WRITTEN PERMISSION, NEITHER PARTY SHALL CONTACT BANK OF
THE OTHER PARTY. BOTH PARTIES MAY CHANGE BANKING COORDINATES WITH WRITTEN NOTICE TO OTHER PARTY.
NON-SOLICITATION
BENEFICIARY/RECEIVER HEREBY CONFIRMS AND DECLARES THAT PROVIDER, ITS ASSOCIATES OR REPRESENTATIVES
OR ANY PERSON OR PERSONS ON ITS BEHALF HAS/HAVE NEVER EVER SOLICITED STANDBY LETTER OF CREDIT., 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 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 & UNDERSTANDING CONCERNING SUBJECT MATTER HEREOF &
SUPERSEDES & 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 AGREEMENT THE PREVAILING PARTY SHALL BE ENTITLES TO
RECOVER REASONABLE ATTORNEY FEES AND COSTS. ALL ELECTRONIC SIGNATURES (FAX/EMAIL), INCLUDING THOSE
IN COUNTERPART, IN REGARD TO THIS CONTRACT SHALL BE ACCEPTED AS ORIGINAL SIGNATURES. THE PARTIES
AGREE THAT THIS AGREEMENT IS ENTERED INTO VOLUNTARILY, BY MUTUAL CONSENT AND NOT UNDER STRESS.
IN WITNESS WHEREOF, THE PARTIES ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT
HAVING SET THEIR HANDS AND SEALS AND INITIAL ON EACH PAGE OF THIS AGREEMENT AS OF THE DATE FIRST
ABOVE WRITTEN
BENEFICIARY OF BANK INSTRUMENTS : SPECIAL INSTRUCTIONS BENEFICIARY OF THE SBLC WILL BE ISSUED WITH
STANDARD FORMAT ICC ISP' 600/758.
BANKING INFORMATION
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 THIS TRANSACTION/AGREEMENT.
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 AGREEMENT IS CONSIDERED ENFORCEABLE AND CEASES 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 AGREEMENT.
AGREEMENT EXECUTION
EACH PARTY TO THIS AGREEMENT REPRESENT THAT IT HAS FULL LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT
AND THAT EACH PARTY AGREES TO BE BOUND BY TERMS AND CONDITIONS SET FORTH HEREIN EACH PARTY AGREES
THAT THIS AGREEMENT MAY BE EXECUTED SIMULTANEOUSLY BY AND BETWEEN PARTIES VIA EMAIL OR FACSIMILE
TRANSMISSION WHICH SHOULD BE DEEMED AS ORIGINAL. ALL STATEMENTS MADE BY EITHER PARTY ARE UNDER
PENALTY OF PERJURY.
NAME : NAME :
TITLE : Chief Executive Officer TITLE :
PASSPORT NO. : PAB618541 PASSPORT # :
ISSUE DATE : 14 OCTOBER 2015 ISSUE DATE :
EXPIRY DATE : 14 OCTOBER 2025 EXPIRY DATE :
NATIONALITY : NATIONALITY :
“EXHIBIT A”
ATTENTION:
We are ready, willing and able to utilize your issued SBLC using SWIFT System delivery
protocol in the amount of ------------------against your credit facilitation. We further confirm
that the said cost of issuance of the SBLC using the agreed delivery protocol will be paid
within 3-10 banking days.
The funds to be transferred / wired are good, clean and cleared funds of non-criminal
origin from a legal source.
“EXHIBIT B”
FORMAT OF THE PROVIDER’S PRE-ADVICE VIA MT-799
WE XXXX(ISSUING BANK AND ADDRESS)----------, ON BEHALF OF OUR CLIENT, HEREBY CONFIRM WITH FULL
BANKING RESPONSIBILITY THAT WE ARE READY TO ISSUE AND DELIVER ONE (1) YEAR AND ONE DAY STANDBY
LETTER OF CREDIT (SBLC) CASH BACKED ICC 600 FORMAT IN THE AMOUNT OF XX(€X,000,000,000.00) LAWFUL
CURRENCY OF THE EUROPEAN UNION IN FAVOR OF YOUR CLIENT INVESTMENT DEVELOPMENT LIMITED,
ACCOUNT NUMBER:_______________. MATURITY: (ONE YEAR AND ONE DAY) VIA SWIFT MT-760. THIS SWIFT
MESSAGE IS VERIFIABLE ON NORMAL BANK-TO-BANK BASIS WITH FULL BANKING RESPONSIBILITY. WE FURTHER
CONFIRM THAT THE SBLC IS CASH-BACKED AND IS TRANSFERABLE AND UNCONDITIONALLY CALLABLE UPON
MATURITY. WE ALSO CONFIRMED THAT THE SOURCE OF FUNDS IS DERIVING FROM LEGITIMATE SOURCE AND WE
HAVE DONE OUR INTERNAL DUE DILIGENCES ACCORDANCE TO MONEY LAUNDERING ACT. THIS FUND IS CLEAN
AND CLEAR FROM ANY CRIMINAL SOURCE. PLEASE CONFIRM YOU ARE READY TO RECEIVE AND FUND THIS BANK
INSTRUMENT AS PER AGREEMENT WITH OUR CUSTOMER ADVISE US THAT YOUR CLIENT HAS FULLY APPRISED
YOU OF THE ARRANGEMENT. THERE WILL BE NO LIENS AND ENCUMBRANCES ON THIS INSTRUMENT WHICH
SHALL BE DELIVERED AND AVAILED VIA MT760 AND EXACT SBLC SHALL BE AS BELOW:
---------------------------------------QUOTE----------------------------------
WE, -------------(ISSUING BANK AND ADDRESS)----------, AT THE REQUEST OF THE ABOVE REFERENCED CLIENT,
HEREBY ESTABLISH OUR IRREVOCABLE AND TRANSFERABLE STANDBY LETTER OF CREDIT IN FAVOR OF
SECOND PARTY xxxxxxxxxxxxxxxx, IN THE AMOUNT OF XX (€XX,000,000,000.00) LAWFUL CURRENCY OF THE
EUROPEAN UNION AVAILABLE BY DRAFT UPON PRESENTATION TO US OF THE ORIGINAL OF THIS LETTER OF
CREDIT AT OUR COUNTERS ON MATURITY, BUT NOT LATER THAN FIFTEEN (15) DAYS AFTER THE MATURITY
DATE.SUCH DRAFT, UNDER THIS LETTER OF CREDIT MUST BE MARKED ON ITS FACE “DRAWN UNDER (ISSUING
BANK & ADDRESS), STANDBY LETTER OF CREDIT NUMBER [XXXXXXXXXXX], DATED XX/XX/2017”.
WE HEREBY AGREE WITH THE DRAWER, ENDORSER AND/OR BONA FIDE HOLDER OF THE DRAFT DRAWN
UNDER, AND IN COMPLIANCE WITH, TERMS OF THE LETTER OF CREDIT, SUCH THAT DRAFT WILL BE DULY
HONORED, AT ANY OF OUR COUNTERS WORLDWIDE, UPON PRESENTATION TO THE DRAWER HEREOF.
SUCH PAYMENT SHALL BE MADE WITHOUT SET-OFF AND CLEAR OF ANY DEDUCTIONS, OR CHARGES, FEES OR
WITHHOLDING OF ANY NATURE, NOW OR HEREINAFTER IMPOSED, LEVIED, COLLECTED, WITH-HELD OR
ASSESSED BY THE GOVERNMENT OF UNITED KINGDOM OR ANY POLITICAL SUBDIVISION OR AUTHORITY
THEREOF OR THEREIN.
THIS LETTER OF CREDIT IS IRREVOCABLE AND TRANSFERABLE AND IS DRAWN IN ACCORDANCE WITH, AND IS
SUBJECT THE “UNIFORM CUSTOMS AND PRACTICES FOR LETTER OF CREDIT” TO UCP (2007 REVISION) ICC
PUBLICATION NO. 600 (UCP 600) AND SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF UNITED KINGDOM. THIS IS AN OPERATIVE INSTRUMENT.
FOR AND ON BEHALF OF ( _______________ BANK NAME & FULL ADDRESS _________________ )
------------------------------------------------------------------------------
This pre-advice is valid for seven (7) international banking days only as an operative instrument, no mail
confirmation will follow. All charges are for the account of the applicant.
“EXHIBIT C”
FORMAT OF MT-799 BANK PAYMENT UNDERTAKING
WE, XXX BANK UNDERTAKE UNDER FULL BANKING RESPONSIBILITY THAT WE ARE READY, WILLING AND
ABLE TO RECEIVE AND ACCEPT THIS STANDBY LETTER OF CREDIT INSTRUMENT AND TO FUND THE AMOUNT
OF XXX HUNDRED MILLION EUROS (XXX, 000,000) TO YOUR CLIENT, XXXXX, ACCOUNT NUMBER XXXXXXXX
FOR TRANSFER AND CREDIT TO XXXXXXX ACCOUNT NO. XXXXXXXX UPON OUR RECEIPT OF THE CONTRACTED
STANDBY LETTER OF CREDIT IN THE FACE AMOUNT OF EUROS XXXXXX MILLION (€XXX, 000,000) VIA SWIFT
MT-760.
WE CONFIRM THAT PAYMENT FOR THE STANDBY LETTER OF CREDIT WILL BE BY WIRE TRANSFER SWIFT
MT-103/202 WITHIN TEN (10) BANKING DAYS AFTER RECEPTION OF SWIFT MT-760
FOR AND ON BEHALF OF:
xxx ISSUING BANK
xxx ISSUING BANK ADDRESS
“EXHIBIT D”
SBLC Format via SWIFT MT-760
Start Transmission-----------------------------------------------------------------------------------------------
Date: XX.XX.17 Reprint From Local Swift acks ____________________________
MTT Tome: XX: XX:XX GMT +0
SRC RTE: ______________
DTN RTE: ______________
MSG TYPE: 760
----------------------------INSTANCE TYPE AND TRANSMISSION-----------------------------
Notification (TRANSMISSION) : OF ORIGINAL SENT TO SWIFT/FAX/TELEX (ACK)
Network Delivery Status : NETWORK ACK
Priority : URGENT
Correspondent Input Reference : ________________________________________
Correspondent Output Reference : ________________________________________
Swift Input : MT 760 STANDBY LETTER OF CREDIT (SBLC)
Sender :
Receiver :
----------------------------------------NARRATIVE--------------------------------------
F27 : Sequence of Total
X/X
F20 : Transaction Reference Number
X___________________________
F30 : Issue Date
XX/XX/17
Maturity Date
XX/XX/18
F40C : Applicable Rules
URDG.
F77C : Details of Standby Letter of Credit (SBLC)
SBLC NO: ________________
APPLICANT: _________________
BENEFICIARY: ___________________
ADVERTISING BANK: ______________________
CURRENCY: EURO (€)
FACE AMOUNT: _________________________________
LATEST DATE FOR CLAIMS: “EXPIRY DATE” ONE (1) YEAR ONE (1) DAY FROM DATE OF ISSUE
Sender’s Reference
50A: account with Institution
*** BANK NAME:
*** BANK ADDRESS:
*** ORDERING CUSTOMER: ___________________________________
*** ACCOUNT/IBAN NUMBER: ________________________________
*** SWIFT CODE:
BY ORDER AND FOR ACCOUNT OF __ ORDERING CUSTOMER__, WE HEREBY ESTABLISH OUR IRREVOCABLE,
TRANSFERABLE, CALLABLE, ASSIGNABLE, DIVISIBLE STANDBY LETTER OF CREDIT NO: ___________________ IN
YOUR FAVOR UP TO AN AGGREGATE PRINCIPAL AMOUNT OF _______________ EURO ONLY (EURO
XX0.000.000,00)
THIS STANDBY LETTER OF CREDIT IS PAYABLE AGAINST YOUR SIGHT DRAFT DRAWN ON US FOR THIS
AMOUNT UP TO _______________ EURO ONLY (EURO XX 0.000.000,00) AND MARKED WITH THE CLAUSE
“DRAWN UNDER HSBC IRREVOCABLE STANDBY LETTER OF CREDIT NO: _____________________ DATED XXTH
______ 2017 SIGNED BY THE BENEFICIARY WORLD TEAM CAPITAL PARTNERS LIMITED ACCOUNT NUMBER
_________________________
THIS CERTIFICATE SHALL BE FINAL AND CONCLUSIVE.
THIS STANDBY LETTER OF CREDIT IS EFFECTIVE FROM XXTH ________ 2018 AND EXPIRES IN XXST _____
2019 AND ALL DRAWINGS UNDER THIS STANDBY LETTER OF CREDIT MUST BE PRESENTED TO US
BEFORE THE EXPIRY DATE.
WE HEREBY AGREE THAT ALL DRAFTS DRAWN ON US AND PRESENTED IN CONFORMITY WITH THE
TERMS OF THIS STANDBY LETTER OF CREDIT SHALL BE DULY HONORED BY US AND WE SHALL REMIT
THE PAYMENT UPON RECEIPT OF DOCUMENTS COMPLYING WITH THE CREDIT TERM AND CONDITIONS.
REIMBURSEMENT UNDER THIS STANDBY LETTER OF CREDIT IS SUBJECT TO ICC 600.
THIS STANDBY LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES FOR
DOCUMENTARY CREDITS, 2007 REVISION, AND INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION
NO. 600 AND SHALL BE GOVERNED AND CONSTRUED IN ACCEPTANCE WITH THE ENGLISH LAWS IN THE
EVENT OF ANY INCONSISTENCY, THE ENGLISH LAW OF THE UNITED KINGDOM PREVAIL, IN ACCEPTING
THIS STANDBY LETTER OF CREDIT, YOU HEREBY IRREVOCABLY AGREE TO SUBMIT TO THE NON-
EXCLUSIVE JURISDICTION OF THE COURT OF LONDON, UNITED KINGDOM. THIS IS AN OPERATIVE
INSTRUMENT AND NO MAIL OR HARD COPY WILL FOLLOW.
WE, DAEWON CORP. AS BENEFICIARY/RECEIVER, HEREINAFTER AS “PAYER”), REPRESENTED BY PRESIDENT & AUTHORIZED
SIGNATORY MR. -------------, HOLDER KOREAN PASSPORT NO:-------------, WITH OFFICE ADDRESS AT # 103-1213,DIGITAL
EMPIRELL486, SING-DONG,YEONGTONG-GU,SUWON CITY, GYEONGGI-DO, KOREA DO HEREBY IRREVOCABLY GUARANTEE WITH FULL
PERSONAL AND CORPORATE RESPONSIBILITY AND AUTHORITY, UNDER PENALTY OF APPLICABLE PERJURY LAWS, AGREE TO ACT AS
PAYER TO PAY THIS IRREVOCABLE MASTER FEE PROTECTION AGREEMENT WITH AN IRREVOCABLE CORPORATE PAYMENT ORDER
WHICH IS AN INTEGRAL PART OF ABOVE CODED AGREEMENT IN THE TOTAL AMOUNT OF TWO PERCENT (2%) OF THE TOTAL FACE
VALUE OF THE BANK INSTRUMENT. TOTAL TWO PERCENT (2%) COMMISSION FEES, ONE PERCENT (1%) FOR THE PARTY A SIDE
AND ONE PERCENT (1%) FOR THE PARTY B SIDE, WHICH SHALL BE PAID INTO THE BELOW BANK ACCOUNT/S OF BOTH PARTIES’
BENEFICIRIES FOR DISTRIBUTION AND WHICH SHALL INCLUDE ALL ROLLS AND EXTENSIONS.
PROVIDER’S SIDE:TOTAL ONE PERCENT (1%) TOTAL CONTRACT VALUE WITH R&E WILL BE PAID TO PAYMASTER:
BANK NAME
BANK ADDRESS CLOSED
ACCOUNT NAME
ACCOUNT NO
SWIFT CODE
BANK OFFICER / EMAIL
RECEIVER’S SIDE :TOTAL ONE PERCENT (1%) TOTAL CONTRACT VALUE WITH R&E WILL BE PAID TO PAYMASTER:
TO BE SPLITED 50/50
BANK NAME
BANK ADDRESS
ACCOUNT NAME
ACCOUNT NO
SWIFT CODE
BANK OFFICER / EMAIL
THIS AGREEMENT/IRREVOCABLE CORPORATE PAYMENT ORDER AND THE PAYMENT OF COMMISSIONS HEREIN ARE SUBJECT TO
THE INTERNATIONAL CHAMBER OF COMMERCE “ICC” AND THE ICC ARBITRATION ACT AS ADOPTED BY THE ICC OFFICE IN HONG
KONG, BY THREE ARBITRARY APPOINTEES IN ACCORDANCE WITH ICC RULES. ALL NC/ND CLAUSES AS PRESCRIBED BY ICC RULES
(LATEST EDITION) SHALL APPLY TO THIS AGREEMENT AND PAYMENT ORDER. THIS AGREEMENT AND IRREVOCABLE CORPORATE
PAYMENT ORDER IS IRREVOCABLE, DIVISIBLE, AND UNCONDITIONAL, AND MAY BE ASSIGNED ONLY BY THE BENEFICIARIES NAMED
HEREIN. THIS AGREEMENT AND IRREVOCABLE CORPORATE PAYMENT ORDER MAY BE EXECUTED IN ONE OR MORE
COUNTERPARTS, EACH ONE SHALL BE DEEMED AN ORIGINAL AND ALL TOGETHER SHALL CONSTITUTE ONE AND THE SAME
DOCUMENT.
A SIGNED FAX OR ELECTRONICALLY TRANSMITTED COPY OF THIS DOCUMENT SHALL BE DEEMED BINDING ON THE “PARTIES” WITH
THE FORCE AS THE SIGNED ORIGINAL. THE AGREEMENT AND IRREVOCABLE CORPORATE PAYMENT ORDER IS VALID WHEN
COMMENCEMENT OF THE ABOVE-REFERENCED TRANSACTION TAKES PLACE AND SHALL REMAIN VALID AND ENFORCEABLE FOR
THE FULL TERMS OF THE TRANSACTION, INCLUDING ANY NEW AGREEMENT BETWEEN THE PARTIES AND/OR THEIR ASSIGNS.
BENEFICIARIES RESERVE RIGHT TO CHANGE BANK COORDINATES STATED HEREIN AT ANY TIME BY PROVIDING WRITTEN REQUEST
TO THE PARTY B/PAYER. UPON EXECUTION OF THE AGREEMENT AND THE FINAL AGREEMENT AND PRIOR TO, OR
SIMULTANEOUSLY WITH THE FIRST TRANSACTION, WE GUARANTEE THAT THIS IRREVOCABLE MASTER FEE PROTECTION
AGREEMENT & IRREVOCABLE CORPORATE PAYMENT ORDER WILL BE LODGED WITH THE PARTY B/PAYER’S BANK. PARTY
B/PAYER’S BANK SHALL PROVIDE THE BENEFICIARIES, BY E-MAILS WITH COPIES OF THE SWIFT RELATED TO ALL PAYMENT
INSTRUCTIONS UPON THE CLOSING OF EACH AND EVERY TRANSACTION OF THE ABOVE TRANSACTION.
IN THE EVENT THAT THE TRANSACTION WAS NOT PERFORMED OR ONLY PERFORMED IN PART, THE PAYMASTERS / BENEFICIARIES
LISTED ABOVE SHALL NOT HOLD THE UNDERSIGNED PAYER RESPONSIBLE FOR ANY EXPENSES, CHARGES AND/OR COST, OR HOLD
THE PAYER LIABLE FOR ANY CIVIL AND CRIMINAL ACTIONS. THE UNPERFORMED PART OF THIS IRREVOCABLE MASTER FEE
PROTECTION AGREEMENT WILL THEREFORE AUTOMATICALLY BECOME NULL AND VOID. IT IS UNDERSTOOD THAT ALL PARTIES
HEREIN INVOLVED ARE CONSIDERED TO BE BOUND BY INTERNATIONAL STANDARD OF NON-CIRCUMVENTION/NON-DISCLOSURE
AS GOVERNED BY THE INTERNATIONAL CHAMBER OF COMMERCE, AND IF SUBJECT TO LITIGATION, TO THE LAWS OF THE
INVOLVED COUNTRIES. PARTIES TO THIS 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 PARTIES INDIVIDUALLY. THIS AGREEMENT WILL BECOME AN INTEGRAL PART AND INCLUDED
WITHIN LEASING AGREEMENT IDENTIFIED WITH TRANSACTION CODE: ______________________________________, AS SOON AS THE
CONTRACT BECOMES VALID AND SIGNED. IF NO TRANSACTION IS COMPLETED UNDER AFORESAID TRANSACTION, PROVIDER, AND
LESSEE CODES COLLECTIVELY, THEN NO OBLIGATION TO THE BENEFICIARIES/CONSULTANTS AND ANY OTHER PARTIES UNDER
THIS AGREEMENT IS ESTABLISHED. 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. THE SIGNATORY HEREOF AVERS AND CONFIRMS THAT HE HAS THE POWER AND AUTHORITY TO EXECUTE
THIS IRREVOCABLE FEE AGREEMENT AND PAY ORDER. WE AGREE TO THE ABOVE IRREVOCABLE FEE PROTECTION AGREEMENT IN
ITS ENTIRETY
______________________________________________________________________
NAME : MR.
TITLE :
NATIONALITY :
PASSPORT :
ISSUE DATE :
EXPIRY DATE :
CITIZENSHIP:
PASSPORT NUMBER:
PASSPORT ISSUE DATE:
DATE OF BIRTH:
HOME PHONE / FAX / CELLULAR
DIRECT EMAIL ADDRESS:
BUSINESS NAME:
BUSINESS ADDRESS:
REGISTRATION NUMBER:
BUSINESS PHONE / FAX / EMAIL
BANK NAME:
BANK ADDRESS:
ACCOUNT NAME:
IBAN NUMBER:
ACCOUNT NO:
SWIFT CODE:
BANK OFFICER NAME / TITLE
BANK OFFICER PHONE / FAX / E-MAIL
ACCOUNT SIGNATORY:
ORIGIN OF FUNDS: BUSINESS
EARNINGS FROM: BUSINESS
ARE FUNDS FREE AND CLEAR? YES
DECLARATION: I, MR. CHONG WEON YOUN 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 ARE IN
COMPLIANCE WITH ANTI-MONEY-LAUNDERING POLICIES AS SET FORTH BY THE FINANCIAL ACTION TASK FORCE (FATF) 6/01.
AGREED AND SIGN THIS MARCH 24, 2024, FOR AND ON BEHALF OF BENEFICIARY/RECEIVER
______________________________________________________________________
NAME : MR.
TITLE :
NATIONALITY :
PASSPORT :
ISSUE DATE :
EXPIRY DATE :
RESOLUTION 1:
IT IS RESOLVED THAT THE BOARD OF DIRECTORS OF XXXXXXXXXXXXXXXXXXXXXX HEREBY APPOINTS AND
AUTHORIZES ITS XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX WITH PASSPORT NUMBER XXXXXXXXXXX ISSUED
ON, AS OUR MANAGING MEMBER TO ACT WITH FULL AUTHORITY ON OUR BEHALF, STAY AND NAME, TO
INSTRUCT, NEGOTIATE, ARRANGE, MONITOR, EXECUTE, MANAGE AND SIGN ANY AND ALL AGREEMENTS
AND/OR NECESSARY CONTRACTS WITH THIRD PARTIES PERTINENT TO ALL FINANCIAL TRANSACTIONS WITH
BANK INSTRUMENTS (SECURITIES/DERIVATIVES)
RESOLUTION 2:
IT IS RESOLVED THAT AT THIS MEETING OF THE BOARD OF DIRECTORS THAT OUR MANAGING MEMBER AND IN
FACT XXXXXXXX ACTS AS XXXXXXXXXXXXXXXXXXXX WITH REGARDS TO THE AFORESAID FINANCIAL
INVESTMENT.
RESOLUTION 3:
IT IS RESOLVED THAT XXXXXXXXXXXX IS HEREBY AUTHORIZED TO ACT AS OUR FINANCIAL DIRECTOR FOR THE
AFORESAID PURPOSE.
RESOLUTION 4:
IT IS RESOLVED THE BOARD OF DIRECTORS OF XXXXXXXXXXXXXXXX. HEREBY AUTHORIZED XXXXXXXXXXXX
TO ASSUME ALL AUTHORITY, POWERS, DUTIES, SIGNATORY RIGHTS AND RESPONSIBILITIES ON OUR BEHALF.
I, XXXXXXXXXXXXXXX, HEREBY SWEAR UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED
HEREIN IS ACCURATE AND TRUE AS OF THIS DATE:
_________________________________________________________
NAME : MR.
TITLE :
NATIONALITY :
PASSPORT :
ISSUE DATE :
EXPIRY DATE :