Bank Instrument Leasing Option-2
I, Mr…………………………, Chairman and Authorized Signatory of …………………………………., do hereby confirm with full legal, personal and corporate responsibility and authority, under penalty of perjury, irrevocably, unconditionally and irretrievably, that we are ready, willing and able to purchase the following bank instruments, under the terms and conditions described below, with good, clean, clear Euro funds of non-criminal origin, free of any liens or encumbrances whatsoever.
NOW THEREFORE, The Buyer has agreed to Lease BG at 10% Net to Lessor of Face Value for the instrument requested and Lessor has agreed to issue BG for Lessee and both Parties hereby agreed to the following:
BANK INSTRUMENT DESCRIPTION
Instrument Type : Bank Guarantee (BG)
Term : One (1) year and one (1) day
Age : Fresh cut/Lease
Issuing Bank Menu : RBS Allianz Moscow
Confirming Bank : Credit Suisse Switzerland/
Interest Rate : Zero percent (0%)
Price : TEN Percent (10%) +2 Two PERCENT
Currency : European Currency (EURO)
Contract : EURO € 500,000,000 (Five Hundred Million EURO)
First Tranche : 250.000.000 Euro Second Tranche : 250.000.000 Euro
Denominations : Euro
Transaction mode : By MT 103 (Appendix C)
Delivery : By Swift Pre Advice MT-999 to Lessee’s bank and follow by
SWIFT MT760 and no Hard Copy
Payment : By SWIFT MT103/23
PROCEDURE FOR LEASING OF BG
1. The Lessee issues and delivers a fully signed LOI, this document (hereinafter referred to as the (“Agreement”) directly to the Lessor with full banking details, After Pre Advice And With Letter Of Authenticate And Verification, Client’s Information Sheet, Letter covering all identified beneficiaries for both sides, Clear color copy of the Lessee Signatory’s Passport.
2. Lessor’s bank shall accept the Lessee’s Letter of Intent/Agreement (this document) and complete his banking coordinates for receipt of the payment, via Swift and returns the countersigned Agreement to the Lessee after notarization for his records and necessary further processing.
3. Lessor’s Issuing Bank shall send SWIFT MT999 (Appendix A) Pre-advice of BG to Lessee’s bank and request Lessee’s bank to confirm readiness to receive. (Lessor shall make a courtesy copy of the MT999 available to Lessee by email)
4. Within eight (8) international banking hours of the Lessee's bank’s receipt of a positive response to their Swift MT999, Lessee’s bank will send the Funding Instrument, via SWIFT MT-103 Field 23 - Appendix C - conditional payment order for TEN 10 % (Invoice price) to the Lessor’s bank coordinates and SWIFT MT999 (Appendix D) indicating that the Lessee’s Bank is ready to receive SWIFT MT760 together with Key for the Lessor’s bank to send SWIFT MT760 (Lessee shall make a courtesy copy of the swift MT103 available to Lessor by e-mail)
5. Lessor’s bank will authenticate and validate the received Swift MT103 Field 23 (Appendix C). With positive validation resulting, within 8 banking hours, Lessor’s bank will issue the BG via SWIFT MT-760.
6. Upon receipt and confirmation of the SWIFT MT760 (Appendix B) from the Lessor's bank, and within eight (8) banking hours, the funds covered in the SWIFT MT-103/23 unconditionally will be released to the Lessor’s bank for credit to Lessor.
7. The above mentioned procedure will repeat again for the second tranche.
GENERAL PROVISIONS:
Any unauthorized bank calls, will result in the immediate cancellation of this transaction and subject the violating party responsible for damages.
This Agreement is a full recourse commercial commitment governed by the laws of the jurisdictions in which both parties reside and standards under ICC Regulations.
The FORCE MAJEURE exception clause of the International Chamber of Commerce (I.C.C. Publication #421) is hereby incorporated in and made an integral part of this document.
Both parties hereby affirm and attest that each has the authority to accept and execute this full legal contract and to be bound by its terms and condition.
This transaction constitutes Leasing of a Bank instrument, conducted between Two (2) Principal entities to be defined by contract and as such, is not intended to be nor shall be interpreted as a securities transaction as defined by the U.S. Securities Act of 1933/1934 or as amended by law or any other nation.
Facsimile or Email copies of this document when fully executed are to be considered original and binding. This Agreement are binding to the parties upon acceptance.
PENALTY CLAUSE FOR NON-PERFORMANCE: Should any of the Parties herein fail to perform as required by this contract, once signed, and after the Term of Validity thereof had expired, then, the failing Party shall indemnify the other Party for an amount of the 2% of the total quantity of the transaction.
Law & Arbitration: This contract is a full recourse commercial commitment enforceable under the laws of jurisdiction of the countries where this transaction is effectuated, and any dispute is to be resolved under the ICC rules for arbitration, unless the aggrieved party takes legal action in a court of jurisdiction. The U.S.A., British or European Union country Law shall be the applicable law, as the aggrieved party may choose, and shall govern the interpretation, construction, enforceability, performance, execution, validity and any other such matters regarding this contractual agreement.
The Parties hereto acknowledge and agree that any discrepancy and/or dispute in application of this Agreement will be solved amicably, but if this is not possible, the arbitration procedure is to be followed.
NON-DISCLOSURE AND NON-CIRCUMVENTION: Both Parties are to be bound and to abide by the Non-Circumvention Non-Disclosure rules of all issues by the ICC, PARIS / FRANCE, last edition of which shall apply to this transaction for a period of five (5) years, no matter whether direct or indirect.
NON-SOLICITATION: We hereby acknowledge and confirm that neither the Collateral Provider nor their associates, nor any person on their behalf solicited me in any way whatsoever that can be construed to be a solicitation herein.
NOW THEREFORE, The Buyer has agreed to Lease BG at 10% Net to Lessor of Face Value for the instrument requested and Lessor has agreed to issue BG for Lessee and both Parties hereby agreed to the following:
BANK INSTRUMENT DESCRIPTION
Instrument Type : Bank Guarantee (BG)
Term : One (1) year and one (1) day
Age : Fresh cut/Lease
Issuing Bank Menu : RBS Allianz Moscow
Confirming Bank : Credit Suisse Switzerland/
Interest Rate : Zero percent (0%)
Price : TEN Percent (10%) +2 Two PERCENT
Currency : European Currency (EURO)
Contract : EURO € 500,000,000 (Five Hundred Million EURO)
First Tranche : 250.000.000 Euro Second Tranche : 250.000.000 Euro
Denominations : Euro
Transaction mode : By MT 103 (Appendix C)
Delivery : By Swift Pre Advice MT-999 to Lessee’s bank and follow by
SWIFT MT760 and no Hard Copy
Payment : By SWIFT MT103/23
PROCEDURE FOR LEASING OF BG
1. The Lessee issues and delivers a fully signed LOI, this document (hereinafter referred to as the (“Agreement”) directly to the Lessor with full banking details, After Pre Advice And With Letter Of Authenticate And Verification, Client’s Information Sheet, Letter covering all identified beneficiaries for both sides, Clear color copy of the Lessee Signatory’s Passport.
2. Lessor’s bank shall accept the Lessee’s Letter of Intent/Agreement (this document) and complete his banking coordinates for receipt of the payment, via Swift and returns the countersigned Agreement to the Lessee after notarization for his records and necessary further processing.
3. Lessor’s Issuing Bank shall send SWIFT MT999 (Appendix A) Pre-advice of BG to Lessee’s bank and request Lessee’s bank to confirm readiness to receive. (Lessor shall make a courtesy copy of the MT999 available to Lessee by email)
4. Within eight (8) international banking hours of the Lessee's bank’s receipt of a positive response to their Swift MT999, Lessee’s bank will send the Funding Instrument, via SWIFT MT-103 Field 23 - Appendix C - conditional payment order for TEN 10 % (Invoice price) to the Lessor’s bank coordinates and SWIFT MT999 (Appendix D) indicating that the Lessee’s Bank is ready to receive SWIFT MT760 together with Key for the Lessor’s bank to send SWIFT MT760 (Lessee shall make a courtesy copy of the swift MT103 available to Lessor by e-mail)
5. Lessor’s bank will authenticate and validate the received Swift MT103 Field 23 (Appendix C). With positive validation resulting, within 8 banking hours, Lessor’s bank will issue the BG via SWIFT MT-760.
6. Upon receipt and confirmation of the SWIFT MT760 (Appendix B) from the Lessor's bank, and within eight (8) banking hours, the funds covered in the SWIFT MT-103/23 unconditionally will be released to the Lessor’s bank for credit to Lessor.
7. The above mentioned procedure will repeat again for the second tranche.
GENERAL PROVISIONS:
Any unauthorized bank calls, will result in the immediate cancellation of this transaction and subject the violating party responsible for damages.
This Agreement is a full recourse commercial commitment governed by the laws of the jurisdictions in which both parties reside and standards under ICC Regulations.
The FORCE MAJEURE exception clause of the International Chamber of Commerce (I.C.C. Publication #421) is hereby incorporated in and made an integral part of this document.
Both parties hereby affirm and attest that each has the authority to accept and execute this full legal contract and to be bound by its terms and condition.
This transaction constitutes Leasing of a Bank instrument, conducted between Two (2) Principal entities to be defined by contract and as such, is not intended to be nor shall be interpreted as a securities transaction as defined by the U.S. Securities Act of 1933/1934 or as amended by law or any other nation.
Facsimile or Email copies of this document when fully executed are to be considered original and binding. This Agreement are binding to the parties upon acceptance.
PENALTY CLAUSE FOR NON-PERFORMANCE: Should any of the Parties herein fail to perform as required by this contract, once signed, and after the Term of Validity thereof had expired, then, the failing Party shall indemnify the other Party for an amount of the 2% of the total quantity of the transaction.
Law & Arbitration: This contract is a full recourse commercial commitment enforceable under the laws of jurisdiction of the countries where this transaction is effectuated, and any dispute is to be resolved under the ICC rules for arbitration, unless the aggrieved party takes legal action in a court of jurisdiction. The U.S.A., British or European Union country Law shall be the applicable law, as the aggrieved party may choose, and shall govern the interpretation, construction, enforceability, performance, execution, validity and any other such matters regarding this contractual agreement.
The Parties hereto acknowledge and agree that any discrepancy and/or dispute in application of this Agreement will be solved amicably, but if this is not possible, the arbitration procedure is to be followed.
NON-DISCLOSURE AND NON-CIRCUMVENTION: Both Parties are to be bound and to abide by the Non-Circumvention Non-Disclosure rules of all issues by the ICC, PARIS / FRANCE, last edition of which shall apply to this transaction for a period of five (5) years, no matter whether direct or indirect.
NON-SOLICITATION: We hereby acknowledge and confirm that neither the Collateral Provider nor their associates, nor any person on their behalf solicited me in any way whatsoever that can be construed to be a solicitation herein.