(Hereinafter referred to as PROVIDER)
WHEREAS: The Parties understand that Provider’s nominated bank will not send cash funds to Receiver’s bank account. The Financial Instrument via SWIFT MT103 (further designated as the Instrument) is only for credit enhancement. The SWIFT MT103 will appear on inter-banking screen and there will be no verifications and communication with Provider issuing bank.
WHEREAS: The Receiver desires to receive an Instrument via SWIFT MT103 from Provider issuing bank. The Receiver confirms with full corporate and legal responsibility to accept the Instrument. The Receiver must have a credit line ready against which Receiver will use the Instrument to pay for this transaction.
WHEREAS: Provider desires to transfer through from Provider’s bank the aforementioned Instrument to the Receiver’s bank. Provider represents and warrants that it has the ability and resources to arrange through associates, contacts and sources, with full corporate responsibility, Instrument in the term of assignments to be provided to the Receiver’s bank. Provider hereby declares under penalty of perjury that the Instrument will be backed by funds that are good, clean, clear, and free of non-criminal origin, and will be free and clear of all liens, encumbrances and third party interest.
DESCRIPTION OF THE INSTRUMENT(S):
|Instrument:||MT103 (CASH BACKED) via SWIFT 103|
|Issuing banks:||HSBC BANK LONDON|
|Total nominal face value:||€500,000,000.00 (Five Hundred Million Euros) with R&E.|
|Each Instrument nominal:||€500,000,000.00 (Five Hundred Million Euros).|
|Total Profits Receiving:
|12% (Twelve) from Instrument’s nominal.
10% of Total Face Value to the Provider
1% of Total Face Value to the Provider Agents
1% of Total Face Value to the Receiver Agents
Wire Transfer (TT).
|Duration of payment:||Within 3 (three) banking days upon Instrument’s SWIFT MT103 receive and authentication on interbank screen.|
- 1. The Receiver submit this MOU with a bank confirmation letter (BCL Annex 5) confirmation the bank will issue the ICBPO 48hrs after they received the pre advise and Provider will execute, sign and initial this Agreement with Irrevocable Fee Protection Agreement (IFPA),
- 2. If receiver requires a pre advise he will provide send the BCL (Annex 5) via swift 999 first; In event where receiver does not require upfront pre advise, then after contract signing we shall proceed at once the buyer issuing the ICBPO via swift 799 for the leasing fees as per point 3
- The Receiver verifies the PRE-ADVISE from Provider, and shall issue an IRREVOCABLE CONDITIONAL BANK PAY ORDER (ICBPO, Annex 3) via SWIFT MT799 to Provider’s bank account within two (3) banking days, showing ability to pay total receiving Profits of (10% + 2%) to Provider and Consultants, with copy of the swift sent to Provider email for his verification and authentication.
- The Provider will instruct his issuing bank Officer to send The Financial Instrument of the first nominal (€500,000,000.00) via SWIFT MT103 (Annex 4) to the Receiver’s bank account within three (3) banking days upon ICBPO verification;
- The Receiver shall cause his bank arrange full payment of 10% by sum of €…0,000,000.00 (Euro … Million) as per Provider, and Consultancy Fees (2%) by sum of €,000,000.00 (Euro ……… Million) as per IFPA within three (3) banking days upon receipt, authentication and confirmation of Instrument’s SWIFT MT103 on interbank screen.
- The Parties sends a copies of bank message via e-mail during twenty four (24) hours since message’s issuing date.
- Sending of the subsequent Instrument’s nominal shall perform according to terms of points 2-6 of the present Procedure.
- Should Payer’s payment bank default to pay as rate Twelve percent (12%) to Provider’s and Intermediary’s banking coordinates as agreed in point 5 after five (5) days from SWIFT MT103 authentication on interbank screen to honor the SWIFT MT799 ICBPO, Provider will instruct of issuing bank Officer to put a claim on the MT103 via SWIFT thereby resulting to a cancellation and start litigation.
Total payment for receiving Profits is 12% from Instrument’s nominal
With Best Warm Regards
APEX TRADING GROUP, India / UK / USA
+91 8652524533 ( India )
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