DATE: 12/05/2022 S Transaction Code This Agreement Is Made and Entered Into This Day XX/XX/XX by and Between The Parties Described Below
DATE: 12/05/2022 S Transaction Code This Agreement Is Made and Entered Into This Day XX/XX/XX by and Between The Parties Described Below
DATE: 12/05/2022 S Transaction Code This Agreement Is Made and Entered Into This Day XX/XX/XX by and Between The Parties Described Below
DATE: 12/05/2022 S
TRANSACTION CODE
This agreement is made and entered into this day XX/XX/XX by and between the parties
described below:
THE LESSOR
Nationality ISRAEL
THE LESSEE
Mailing Address NUMBER 9, AVENUE NGUMA, PRETTY PARK AREA, KINSHASA DRC
Nationality CONGOLESE
WHEREAS. The Lessee desires to buy Standby Letter Of Credit (SBLC)/Bank Guarantee
(BG) from the Lessor. Lessee confirms with full corporate and legal responsibility that
funds available to fulfill the requirements for Leasing of this instrument is ready and
Lessee further confirm to cooperate with the Lessor.
WHEREAS. The Lessor desires to Lease SBLC/BG, transfer and assign all rights title and
interest of the SBLC/BG 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 SBLC/BG
will be backed by funds that are good, clean, clear, and free of non-criminal origin, the
SBLC/BG will be free and clear of all liens, encumbrances and third party interests.
NOW THEREFORE, The Lessee has agreed to Lease the SBLC/BG at 4% + 4% of Face
Value for the instrument requested and Lessor has agreed to issue BG for LEASE and
both Parties hereby agree to the following:
TRANSACTION DESCRIPTION:
4. Age: One Year and One Day (With the option of Rolls and
Extension)
5. Lease Price: 4% + 4%
7. Payment: MT103
1.Lessor and Lessee execute, sign and initial this DOA/LOI Deed of Agreement,
which thereby automatically becomes a full commercial recourse contract to be
lodged by both parties for initiation of Swift Transmission of Purchase BG/SBLC
2 . After both parties sign the agreement, lessor will issue a notarised signed and
sealed corporate refund recourse undertaking duly endorsed by issuing bank
officer, the provider and public notary to the Lessee guarantying to refund to the
Lessee all cost incurred by Lessee as the handling charges for the transmission of
Pre-Advice via Swift MT799 or BG/SBLC via Swift MT760 or both after due
execution of the contract,
3. Within three (3) working days after the Lessee receives contract documents
including the invoice for creating and delivery of swift 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 handling charges 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 65.750 $ (sixty five thousand seven hundred and fifty US
dollars).
4. Within two (2) banking days after confirmation of remittance charges for the
swift issuing bank fees, Provider/ Lessor immediately instructs issuing Bank to
proceed with the delivery of Lease BG/SBLC via swift MT799 for Lessee followed
by SWIFT MT760 via Bank to Bank transmission to the Lessee's provided bank,
followed by including the hard copy of the Lease SBLC/BG via bank bonded
courier in Seven (7) banking days.
5. Lessee sends out Leasing price by Swift MT103 to the Lessor deducting the
initially paid bank issuing Bank swift charges and the brokers their commission
fees 4%+4% 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 SBLC/BG hard copy in the Lessee's nominated bank.
7, All subsequent tranches will be based on the same procedures until collateral or
funds become exhausted.
Should the Lessee default to pay the Leasing price to the Lessor and the brokers
commission fees as agreed after SEVENTY days (70) banking days of confirmation
of SBLC/BG MT799 and MT760 in Lessee's bank account, Lessor will instruct the
issuing bank to put a claim on the SBLC/BG thereby forcing the Lessee's bankers
to return the BG MT760 to the issuing Bank.
PROVIDER RESERVES THE RIGHT TO USE ANY BANK ACCOUNT TO RECEIVE SWIFT
FEE FOR SMOOTH TRANSACTION OPERATION.
(USD/EURO) (USD/EURO)
1M – 20M 53,750.00
501M – 1B 93,750.00
1B and above (In Tranches of 500M (110,000 for each tranche of 500M)
each)
THE ISSUING CHARGES FOR THE NEEDED FACE VALUE IS A ONE TIME CHARGES.NO
ADDITIONAL CHARGES IS REQUIRED.
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.
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
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 agreement the prevailing
party shall be entitles to recover reasonably attorney fees and costs.
Nationality: CONGOLESE
________________
Passport #: 34532300
Nationality: ISRAEL
The Lessor and Lessee agree to the following banking co-ordinates pertaining to the
agreement herein above stated:
Bank Name
Bank Address
Account Name
Account Number
Signatory
SWIFT CODE
Bank officer
LESSOR RESERVES THE RIGHT TO USE ANY BANK ACCOUNT TO RECEIVE BANK
TRANSMISSION/ADMINISTRATIVE FEES OR LEASING PRICE O 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.
(Text may vary in substance but the essential undertaking must be maintained)
DEAR SIR,
ACCOUNT NUMBER :
LESSOR’S BANKING COORDINATES FOR ISSUING BANK GUARANTEE (BG) VIA SWIFT
MT799 AND MT760 (ALSO FOR REFUND).
“EXHIBIT B”
NOTIFIC
ATION:
DELIVE
RY
STATUS:
PRIORIT
Y/
DELIVE
RY:
FROM
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
TO
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
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 NO : --------- IN FAVOUR OF ____________ THE BENEFICIARY
XXXXXXXXXX FOR THE AMOUNT OF xxxxx DOLLARS {$ 0,000,000.00}, 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} _____________
PLEASE CONFIRM YOU ARE READY TO RECEIVE AND FUND THIS BANK INSTRUMENTS
WITH GOOD, CLEAN AND
______________________ ______________________
FROM
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
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 ADDRESS:
CURRENCY:
ISSUED DATE:
MATURITY DATE:
AMOUNT:
APPLICANT: XXXXXXXXXXXXXX
BENEFICIARY: XXXXXXXXXXXXXX
Both PROVIDER and RECEIVER agree that the RECEIVER’s and PROVIDER's
agents/brokers are entitled to 4% of the BG/SBLC face value commission fees. These
commission fees will be shared between the PROVIDER’s and RECEIVER’s
agents/brokers as specified here below.
The parties agree that the commission fees stated are compensation for services
rendered and are irrevocably and unconditionally guaranteed to be paid by the
RECEIVER to the agents and intermediaries listed in this DOA by wire transfer
simultaneously with the RECEIVER’s payment of 4%of the face value of the BG/SBLC as
leasing fee to the PROVIDER for every tranche and/or transaction of the *BG/SBLC. The
commission fees will be free of legal impediment and free of any deductions, excluding
bank transfer fees, for this and all subsequent transactions between the parties.
2. The signatory agrees to keep confidential the identity of and all contacts so
provided by any other signatories.
3. The parties hereto agree that all commissions or fees as agreed by the parties
shall be paid in full at the end of every transaction.
4. This agreement shall be legally binding on the parties hereto, their principals,
employees, representatives, agents and assigns in all countries of the world.
The parties hereto affirm that in every case they will act with the highest standards of
ethics and honesty in all their dealings.
This agreement shall be respected and honored at all times, unless otherwise mutually
agreed upon and any party will permit no attempt or hint of circumvention.
Each of the above parties agree and understand that any overt or covert action of
circumvention prescribed by this agreement shall be a fraudulent act against the other
party and will be subject to judicial action, recompense for damages, possible punitive
damages and injunctive relief imposed by the legal process.
Both parties hereby agree that the agents and intermediaries referred to in this DOA
shall be as follows:
TOTAL COMMISSION FEE OF 0.5% + 1.5% OF FACE VALUE IN USD PAID BY THE
LESSEE TO BE SHARED EQUALLY AS FOLLOW:
PARTICULARS PAYMASTER
Name
Bank Name
Bank Address
Account Number
Account Name
SWIFT CODE
Bank Telephone
Beneficiary:
PARTICULARS PAYMASTER
Name
E-mail
Bank Name
Bank Address
Account Number
Account Name
SWIFT CODE
Bank Telephone
Beneficiary:
PARTICULARS PAYMASTER
Name
Bank Name
Bank Address
ABA Routing Number
Account Number
Account Name
SWIFT CODE
Bank Telephone
Beneficiary:
This Fee Protection Agreement has been agreed and executed by the undersigned on
this day MM/DD/YYYY.
Name:
Designation:
Passport #:
Nationality:
Issue date:
Expiry date:
Place of Issue: