THE PARTIES HERE IN AGREE THE NON-CIRCUMVENTION/NONDISCLOSURE RULES OF ICC, LATEST EDITION, SHALL APPLY TO THE TRANSACTION FOR A PERIOD OF (5) FIVE YEARS FROM THE DATE OF EXECUTION OF THIS AGREEMENT BY THE UNDERSIGNED, HIS/HER ASSIGNS, AGENTS, AND/OR HEIRS. THIS NC/ND ALSO APPLIES TO ANY AND ALL OTHER TRANSACTIONS DIRECTOR INDIRECT. REGARDING THIS TRANSACTION AND IT‘S POSSIBLE ROLLOVERS AND EXTENSIONS, EACH PROVIDER/SELLER AND THEIR RESPECTIVE INTERMEDIARIES WARRANT NOT REVEALING THE BANKING COORDINATES, PROVIDED HEREIN, TO ANY INDIVIDUAL OR INSTITUTION OTHER THAN THOSE BANKING OFFICERS NECESSARY FOR COMPLETION OFTHISTRANSACTION.
AFTER CONFIRMING, BY SIGNATURE AND SEAL, THIS DOCUMENTWILL BE EFFECTIVE EQUAL AS AN AGREEMENT/CONTRACT.
EACH PARTY HOLDS ONE OF THE EFFECTIVE AGREEMENT/CONTRACTS BY THEIR EXECUTION BELOW, THE PARTIES HERE TO AGREE TO THE GENERAL TERMS AND ALL CONDITIONS HEREIN AND WARRANT ON TO THE OTHER THE ENTIRE AGREEMENT BETWEEN PARTIES.
IN WITNESS WHERE OF THE PARTIES EXECUTED THIS AGREEMENT AS OF THE DATE ABOVE WRITTEN.
CONFIRMED AND SIGNED ON 26TH, MARCH 2021, FOR AND ON BEHALF OF PROVIDER/LESSER (PROVIDER):
___________________________________________________
NAME:
TITLE:
ANAGING DIRECTOR/CEO
PASSPORT NUMBER:
NATIONALITY:
ISSUING DATE:
EXPIRY DATE:
CONFIRMED AND SIGNED ON 26TH, MARCH 2021, FOR AND BEHALF OF RECEIVER:
AUTHORIZED DIGNATORY
E RESOLUTIONS & PROVISIONS ON THIS DATE:
_____________________________________
NAME: MR. KIM LENG CHOON
TITLE: Director
PASSPORT NUMBER: E6527119J
NATIONALITY: SINGAPOREISSUING DATE: 07 FEB 2017
EXPIRY DATE: 07 NOV 2022
BANKING INFORMATION:
PROVIDER AND RECEIVER AGREE TO THE FOLLOWING BANK CO-ORDINATES PERTAINING TO AGREEMENT :
PROVIDER’S BANK COORDINATES: TO ISSUE MT760 STANDBY LETTER OF CREDIT
BANK NAME
|
ADS CANADIAN BANK
|
BANK ADDRESS
|
1 DUNDAS STREET WEST, TORONTO ONM5G 1Z3 CANADA
|
ACCOUNT NUMBER
|
01844482585
|
ACCOUNT NAME
|
|
ACCT. SIGNATORY
|
|
BANK OFFICER
|
CHARLES ANDERSON
|
BANK TEL/FAX
|
+1 604 800 7803
|
BANK SWIFT CODE
|
ACDNCATT
|
PROVIDER’S BANK COORDINATES: TO ISSUE MT799 PRE-ADVICE AND TO RECEIVE MT799 BPU:
BANK NAME
|
ADS CANADIAN BANK
|
BANK ADDRESS
|
1 DUNDAS STREET WEST, TORONTO ONM5G 1Z3 CANADA
|
ACCOUNT NUMBER
|
01844482585
|
ACCOUNT NAME
|
|
ACCT. SIGNATORY
|
|
BANK OFFICER
|
CHARLES ANDERSON
|
BANK TEL/FAX
|
+1 604 800 7803
|
BANK SWIFT CODE
|
ACDNCATT
|
PROVIDER’S BANK COORDINATES: TO RECEIVE 10% PAYMENT VIA SWIFT MT103:
BANK NAME
|
|
BANK ADDRESS
|
|
SWIFT CODE
|
|
SORT CODE
|
|
FURTHER CREDIT TO
|
|
SWIFT CODE
|
|
IBAN NUMBER
|
|
ACCOUNT NAME
|
|
ACCOUNT NUMBER
|
|
RECEIVER BANK COORDINATES:
RECEIVER’S BANK CO-ORDINATES: TO RECEIVE MT799 PRE-ADVICE AND MT760 SBLC AND HARD COPY
BANK NAME
|
CREDIT SUISSE, AG
|
BANK ADDRESS
|
1 RAFFLES LINK, #05-02, SINGAPORE 039393EA
|
ACCOUNT NUMBER
|
129322
|
ACCOUNT NAME
|
GLAMOUR INVESTMENT DEVELOPMENT LIMITED
|
ACCT. SIGNATORY
|
MR. KIM LENG CHOON
|
BANK SWIFT CODE
|
CSPBSGSG
|
BANK OFFICER
|
MR. JACK SIU-VICE PRESIDENT
|
BANK TEL/FAX
|
+65 6212-6000 / +65 6212-6200
|
BANK OFFICER E-MAIL
|
jack.siu@credit-suisse.com.sg
|
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 ACTION ABLE FOR DAMAGES SUSTAINED. EACH PARTY IS NOT ALLOWED TO CONTACT THE OTHER PARTY'S BANK WITHOUT EXPRESSED WRITTEN PERMISSION. ANY PROVIDER/SELLER ATTEMPTING TO DO SO WILL LEAD TO THE CANCELLATION OF THIS TRANSACTION/AGREEMENT.
Client Information Sheet
CORPORATE INFORMATION
FULL NAME OF CORPORATION
|
:
|
GLAMOUR INVESTMENT DEVELOPMENT LTD
|
REGISTRATION NUMBER
|
:
|
1058246 36940408-000-07-12-9
|
REGISTRATION ADDRESS
|
:
|
17/F SIU YING COMMERCIAL BUILDING 151-155 QUEEN’S ROAD CENTRAL HONGKONG
|
REPRESENTED BY
|
:
|
MR. KIM LENG CHOON
|
TITLE
|
:
|
Director
|
PASSPORT NUMBER
|
:
|
E6527119J
|
NATIONALITY
|
|
SINGAPORE
|
ISSUED FROM
|
:
|
SINGAPORE
|
ISSUING DATE
|
:
|
07 FEB 2017
|
EXPIRY DATE
|
:
|
07 NOV 2022
|
BANK INFORMATION:
BANK NAME
|
:
|
CREDIT SUISSE, AG
|
BANK ADDRESS
|
:
|
1 RAFFLES LINK, #05-02, SINGAPORE 039393EA
|
SWIFT CODE
|
|
CSPBSGSG
|
ACCOUNT NUMBER
|
:
|
129322
|
ACCOUNT NAME
|
:
|
GLAMOUR INVESTMENT DEVELOPMENT LIMITED
|
ACCOUNT SIGNATORY NAME
|
:
|
MR. KIM LENG CHOON
|
BANK OFFICER
|
|
MR. JACK SIU-VICE PRESIDENT
|
BANK TEL/FAX
|
|
+65 6212-6000 / +65 6212-6200
|
BANK OFFICER E-MAIL
|
|
jack.siu@credit-suisse.com.sg
|
RESOLUTION OF THE BOARD OF DIRECTORS
THIS IS TO CERTIFY THAT THE BOARD OF DIRECTORS OF GLAMOUR INVESTMENT DEVELOPMENT LTD, HAVING IT’S ADDRESS AT 17/F SIU YING COMMERCIAL BUILDING 151-155 QUEEN’S ROAD CENTRAL HONGKONG, (HEREINAFTER REFERRED TO AS THE “COMPANY”) HAVING A BOARD OF DIRECTORS MEETING WHICH WAS DULY AND REGULARLY CALLED, NOTICED AND HELD ON FEBRUARY 26TH, 2020, AT THE COMPANY’S ABOVE REFERENCED ADDRESS AT WHICH THERE WAS PRESENT A QUORUM THEREOF, WHEREIN THE FOLLOWING RESOLUTIONS WERE UNANIMOUSLY ADOPTED, TO WIT:
RESOLVED: THAT MR. KIM LENG CHOON, holder of GLAMOUR INVESTMENT DEVELOPMENT LTD, PASSPORT NUMBER: E6527119J, AND AUTHORIZED SIGNATORY FOR AND ON BEHALF OF THE COMPANY, WAS FULLY AUTHORIZED TO ACT INDIVIDUALLY AS THE AUTHORIZED SIGNATORY OF THE COMPANY TO EXECUTE ALL NECESSARY DOCUMENTS ON BEHALF OF THE COMPANY IN CONNECTION WITH BANK INSTRUMENTS transactionS AND TO EFFECT THE OPENING AND OPERATION OF BANK ACCOUNTS ON BEHALF OF AND FOR THE BENEFIT OF THE COMPANY AT ANY BANK(S) HE SHALL SELECT, AND BE A SIGNATORY THEREON, TO ACCEPT AND DISBURSE FUNDS THERE FROM, AT HIS DISCRETION AND DETERMINATION, AND TO EXECUTE CONTRACTS WITH HIS SELECTED SOURCES AND BANKS THEREIN, AT HIS DISCRETION, FOR AND IN THE BEST INTEREST OF THE COMPANY.
THE FOREGOING RESOLUTIONS AND THE PROVISIONS THEREOF ARE IN CONFORMITY WITH THE CHARTER, BYLAWS AND ARTICLES OF INCORPORATION OF THE COMPANY, AND THAT THE FOREGOING RESOLUTION AND THE AUTHORITY THEREBY CONVEYED SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL THE PURPOSE SET FORTH HEREIN ARE ACCOMPLISHED.
IT IS FURTHER CERTIFIED THAT THIS CORPORATE RESOLUTION’S EMAIL OR PHOTOCOPIES SHALL BE OF EQUAL VALUE TO THEIR ORIGINAL AND SHALL BE ACCEPTED AS SUCH BY EVERYONE, FOR ALL PURPOSES, EVERYWHERE.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THE COMPANY IN CERTIFICATION OF THE ABOVE RESOLUTIONS & PROVISIONS ON THIS DATE:
FOR AND BEHALF OF BUYER:
_____________________________________
NAME: MR. KIM LENG CHOON
TITLE: Director
PASSPORT NUMBER: E6527119J
NATIONALITY: SINGAPOREISSUING DATE: 07 FEB 2017
EXPIRY DATE: 07 NOV 2022
NON SOLICITATION STATEMENT
I, MR. KIM LENG CHOON, AS PRESIDENT, ACCOUNT SIGNATORY AND AUTHORIZED SIGNATORY OF GLAMOUR INVESTMENT DEVELOPMENT LTD, DO HEREBY CONFIRM THAT I HAVE REQUESTED OF YOU AND YOUR ORGANIZATION, SPECIFIC CONFIDENTIAL INFORMATION AND DOCUMENTATION ON BEHALF OF OURSELVES REGARDING CURRENTLY AVAILABLE PRIVATE FINANCIAL OPPORTUNITIES TO SERVE ONLY OUR INTEREST, EDUCATION, AND NOT FOR FURTHER DISTRIBUTION.
I HEREBY AGREE THAT ALL INFORMATION RECEIVED FORM YOU IS IN DIRECT RESPONSE TO OUR REQUEST, AND IS NOT IN ANY WAY CONSIDERED OR INTENDED TO BE A SOLICITATION OF ANY SORT, OR ANY TYPE OF OFFERING, AND FOR OUR GENERAL KNOWLEDGE ONLY. I HEREBY AFFIRM UNDER PENALTY OF PERJURY, THAT I HAVE REQUESTED THIS INFORMATION FROM YOU AND YOUR ORGANIZATION OF OUR CHOICE AND FREE WILL AND FURTHER, AND THAT YOU HAVE NOT SOLICITED US IN ANY WAY.
I UNDERSTAND THAT THE CONTEMPLATED TRANSACTION IS STRICTLY ONE OF PRIVATE PLACEMENT, AND IS IN NO WAY RELYING UPON, OR RELATING TO, THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED, OR RELATED REGULATIONS, AND DOES NOT INVOLVE THE SALE OF SECURITIES.
FURTHER, I HEREBY DECLARE THAT YOU HAVE DISCLOSED THAT YOU ARE NOT A LICENSED SECURITY TRADER, ATTORNEY, BANK OFFICER, CERTIFIED PUBLIC ACCOUNTANT OR FINANCIAL PLANNER. ANY INFORMATION, WORK OR SERVICE CONDUCTED HEREUNDER IS THAT OF A PRIVATE INDIVIDUAL AND THAT THIS IS A PROJECT FUNDING TRANSACTION THAT IS EXEMPT FROM THE SECURITIES ACT AND NOT INTENDED FOR THE GENERAL PUBLIC BUT PRIVATE USE ONLY.
THE FACSIMILE TRANSMISSION OF THIS DOCUMENT SHALL BE CONSIDERED A BINDING AND ENFORCEABLE INSTRUMENT, TREATED AS ORIGINAL COPY. ORIGINAL MAY BE OBTAINED UPON REQUEST.
I, MR. XXXXXX, HEREBY SWEAR UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS ACCURATE AND TRUE AS OF THIS DATE:
FOR AND BEHALF OFBUYER:
_____________________________________
NAME: MR. KIM LENG CHOON
TITLE: Director
PASSPORT NUMBER: E6527119J
NATIONALITY: SINGAPOREISSUING DATE: 07 FEB 2017
EXPIRY DATE: 07 NOV 2022
NON-CIRCUMVENTION AND NON-DISCLOSURE AGREEMENT
ALL PARTIES DO HEREIN AGREE THAT THE NON-CIRCUMVENTION AND NON-DISCLOSURE RULES (NCND) OF ALL ISSUES FROM THE ICC 458 APPLY TO THIS TRANSACTION FOR A PERIOD OF FIVE (5) YEARS FROM DATE OF EXECUTION OF THIS AGREEMENT BY THE UNDERSIGNED, HIS OR HER ASSIGNS, AGENTS AND/OR HEIRS.
THIS NCND ALSO APPLIES TO ANY AND ALL OTHER TRANSACTIONS DIRECT OR INDIRECT INITIATED BY THESE INTERMEDIARIES.
THE UNDERSIGNED AGREES THAT THIS FEE PROTECTION IS ASSIGNABLE AND TRANSFERABLE TO THE BENEFICIARIES, DESIGNS, HEIRS & ASSIGNS UPON WRITTEN NOTICE OF ALL PARTIES AND SHALL NOT BE AMENDED WITHOUT THE EXPRESS WRITTEN CONSENT OF THE PARTIES. IF NO CONTRACT IS CONSUMMATED, THIS FEE PROTECTION AGREEMENT IS NULL AND VOID IN ITS ENTIRETY.
ALL DISCLOSED BANKING INFORMATION SHALL BE STRICTLY CONFIDENTIAL. NO COMMUNICATION BETWEEN BANKING OFFICERS. OTHER THAN TRANSMISSION BY SWIFT WIRE TRANSFER AND ANY OTHER TRANSMISSION SPECIFICALLY AUTHORIZED BY THE BENEFICIARIES, IS PERMITTED. ALL COMMUNICATIONS SHALL CLEARLY REFERENCE THE TRANSACTION CODE, THE SELLER'S CODE AND THE BUYER'S CODE REFERRED TO HEREIN.
SHOULD A CONTRACT BE SIGNED BETWEEN THE PROVIDER/SELLER AND THE BUYER/LESSEE, A BANK ENDORSED CORPORATE PAY ORDER WILL BE ISSUED TO THE PAYMASTER OF EACH GROUP, FOLLOWED BY A SWIFT WIRE TRANSFER TO THE PAYMASTER'S ACCOUNT, WHEN PAYMENT FOR THE BANK INSTRUMENT IS COMPLETED.
CONFIRMED AND SIGNED ON 26TH, MARCH 2021, FOR AND BEHALF OF RECEIVER:
_____________________________________
NAME: MR. KIM LENG CHOON
TITLE: Director
PASSPORT NUMBER: E6527119J
NATIONALITY: SINGAPOREISSUING DATE: 07 FEB 2017
EXPIRY DATE: 07 NOV 2022
CONFIRMED AND SIGNED ON 26TH, MARCH 2021, FOR AND ON BEHALF OF PROVIDER:
___________________________________
NAME: JAMES KENNETH REID
TITLE: MANAGING DIRECTOR/CEO
PASSPORT NUMBER: 502232030
NATIONALITY: UNITED STATES OF AMERICA
ISSUING DATE: 30TH APRIL 2013
EXPIRY DATE: 28TH APRIL 2023
PROVIDER’S PASSPORT COPY
PROVIDER‘S COMPANY CERTIFICATE OF INCORPORATION
RECEIVER’S PASSPORT COPY
RECEIVER‘S COMPANY CERTIFICATE OF INCORPORATION
IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
BOTH PROVIDER/SELLER AND BUYER/LESSEE AGREE THAT THE BUYER’S AGENT AND SELLER/PROVIDER’S AGENT ARE ENTITLED TO 3% OF THE SBLC FACE VALUE OF THE INSTRUMENT AS COMMISSION FEE.
THE COMMISSION FEES WILL BE RECEIVED BY BUYER’SAGENT AND PROVIDER/SELLER’S AGENT ONLY 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 BUYER TO THE AGENTS OR INTERMEDIARIES LISTED IN THIS IMFPA BY WIRE TRANSFER SIMULTANEOUSLY WITH THE BUYER’S PAYMENT OF 3% OF THE FACE VALUE OF THE BG/SBLC AS PURCHASE FEE TO THE PROVIDER/SELLER FOR THIS TRANSACTION OF THE 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.
IN CONSIDERATION OF THE MUTUAL BENEFITS TO BE DERIVED BY THE ASSOCIATES OR AFFILIATED INDIVIDUALS, AGENTS, COMPANIES, DESIGNEES, TRUSTEES OR EXECUTORS, IT IS UNDERSTOOD AND AGREED THAT THE PARTIES HERETO ARE MUTUALLY DESIROUS OF EFFECTING THIS BUSINESS TRANSACTION IN CO-OPERATION WITH ONE ANOTHER FOR THEIR MUTUAL BENEFIT AND ALL SIGNATORY PARTIES AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS:
EACH PARTY AGREES THAT THEY WILL NOT MAKE ANY CONTACT WITH, DEAL WITH OR BE INVOLVED WITH INDIVIDUALS, TRADER AND INVESTOR INTRODUCED BY ANOTHER SIGNATORIES WITHOUT SPECIFIC PERMISSION OF THE INTRODUCED SIGNATORY FOR THE INVESTOR.
THE SIGNATORY AGREES TO KEEP CONFIDENTIAL THE IDENTITY OF AND ALL CONTACTS SO PROVIDED BY ANY OTHER SIGNATORIES.
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.
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 AGREES AND UNDERSTANDD 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 INTERMEDIARY REFERRED TO IN THIS FPA SHALL BE AS FOLLOWS:
PARTIES HEREBY AGREE CONSULTANTS AND FACILITATORS REFERRED TO THIS IMFPA SHALL BE AS FOLLOWS:
RECEIVER’S BANK ACCOUNT TO PAY 3% COMMISSION FEE TO CONSULTANTS:
BANK NAME
|
|
BANK ADDRESS
|
|
ACCOUNT NUMBER
|
|
ACCOUNT NAME
|
|
ACCT. SIGNATORY
|
|
BANK OFFICER
|
|
BANK TELEPHONE
|
|
BANK FAX
|
|
BANK SWIFT CODE
|
|
PARTIES HEREBY AGREE CONSULTANTS AND FACILITATORS REFERRED TO THIS IMFPA SHALL BE AS FOLLOWS:
THE PROVIDER PAYMASTER‘S BANKING TO RECEIVE 1% CONSULYANCY FEES ARE AS FOLLOWS:
BANK NAME
|
(Closed) – закрыл сам провайдер для мелких расходов.
|
BANK ADDRESS
|
|
BANK SWIFT CODE
|
|
ACCOUNT NUMBER
|
|
ACCOUNT NAME
|
|
BANK OFFICER
|
|
BANK TELEPHONE/FAX
|
|
BANK E-MAIL
|
|
SPECIAL
WIRE INSTRUCTION
|
Same Day Transfer and Immediate Credit CURRENCY: Euro. All Wire transfers shall incorporate below Text Message and a copy of Bank Wire Transfer slip shall be emailed to: ……, for legal verification and documentation pursuant to Patriot Act / Banking regulations with One Original Contract copy to be filed with Bank.
|
REQUIRED
MESSAGE
|
Text Message: The S.W.I.F.T. or CLEAR STREM message covering all remittances shall clearly state the following: “THE REMITTER IS KNOWN TO US. FUNDS ARE CLEAN AND CLEAR OF NON-CRIMINAL ORIGIN. THIS IS DONE WITH FULL BANKING RESPONSIBILITY AND WEARE SATISFIED AS TO THE SOURCE OF FUNDS SENT TO US.” For same day settlement.
|
2. BANKING OF RECEIVER’S OF 1% OF FACILITATOR’S CONSULTANCY FEES ARE AS FOLOWS:
BANK NAME
|
Mashreq Bank UAE
|
BANK ADDRESS
|
Dubai UAE P.O. Box 1250
|
BANK SWIFT CODE
|
BOML AE AD
|
ACC. NUMBER/IBAN EUR
|
AE510330000019100387092
|
ACCOUNT NAME
|
Sunny Challe International FZE
|
BANK OFFICER
|
TBA
|
BANK TELEPHONE/FAX
|
TBA
|
BANK E-MAIL
|
TBA
|
SPECIAL
WIRE INSTRUCTION
|
Same Day Transfer and Immediate Credit CURRENCY: Euro. All Wire transfers shall incorporate below Text Message and a copy of Bank Wire Transfer slip shall be emailed to: ………, for legal verification and documentation pursuant to Patriot Act / Banking regulations with One Original Contract copy to be filed with Bank.
|
REQUIRED
MESSAGE
|
Text Message: The S.W.I.F.T. or CLEAR STREM message covering all remittances shall clearly state the following: “THE REMITTER IS KNOWN TO US. FUNDS ARE CLEAN AND CLEAR OF NON-CRIMINAL ORIGIN. THIS IS DONE WITH FULL BANKING RESPONSIBILITY AND WEARE SATISFIED AS TO THE SOURCE OF FUNDS SENT TO US.” For same day settlement.
|
3. BANKING OF RECEIVER’S OF 0,5% OF 1% FACILITATOR’S CONSULTANCY FEES ARE AS FOLOWS:
BANK NAME
|
HSBC UK BANK PLC
|
BANK ADDRESS
|
17th The Broadway, London N14 6PP, United Kingdom
|
BANK SWIFT CODE
|
HBUK GB4B XXX
|
ACC. NUMBER/IBAN EUR
|
GB62 HBUK 4006 1881 5906 93
|
ACCOUNT NAME
|
GLOBEXX CAPITAL LIMITED
|
BANK OFFICER
|
TBA
|
BANK TELEPHONE/FAX
|
+44 345 740 4404
|
BANK E-MAIL
|
info@hsbc.co.uk
|
SPECIAL
WIRE INSTRUCTION
|
Same Day Transfer and Immediate Credit CURRENCY: Euro. All Wire transfers shall incorporate below Text Message and a copy of Bank Wire Transfer slip shall be emailed to: ………, for legal verification and documentation pursuant to Patriot Act / Banking regulations with One Original Contract copy to be filed with Bank.
|
REQUIRED
MESSAGE
|
Text Message: The S.W.I.F.T. or CLEAR STREM message covering all remittances shall clearly state the following: “THE REMITTER IS KNOWN TO US. FUNDS ARE CLEAN AND CLEAR OF NON-CRIMINAL ORIGIN. THIS IS DONE WITH FULL BANKING RESPONSIBILITY AND WEARE SATISFIED AS TO THE SOURCE OF FUNDS SENT TO US.” For same day settlement.
|
4. BANKING OF RECEIVER’S 0,5% OF 1% OF FACILITATOR’S CONSULTANCY FEES ARE AS FOLOWS:
BANK NAME
|
“ Optima Bank “ OJSC , BISHKEK, KYRGYZ REPUBLIC
|
BANK ADDRESS
|
104/1 , Kievskaya Street, 720040, BISHKEK, KYRGYZ REPUBLIC
|
ACCOUNT NUMBER
|
1091804976820116
|
ACCOUNT NAME
|
“VOSTOK IMPEX” LLC
|
SWIFT CODE
|
ENEJKG22
|
BANK OFFICER
|
MR. NURLAN SHAMSHIEV
|
BANK TELEPHONE
|
+996312 905858
|
OFFICER’S EMAIL
|
bank@optimabank.kg
|
INTERMEDIARY BANK
|
RAIFFEISEN BANK INTERNATONAL AG, VIENNA, AUSTRIA , SWIFT: RZBAATWW
|
BENEFICIARY BANK
|
ACCOUNT: 1-55.096.853 OPTIMA BANK OJSC, BISHKEK, KYRGYZ REPUBLIC ,
SWIFT: ENEJKG22
|
REQUIRED INSTRUCTION
|
CONSULTANT FEE
|
Paymasters may change their receiving banks by serving prior notice in writing to the Payer within 8 banking hours thereof. Paymasters shall issue their own respective payment orders for all beneficiaries/consultants identified within their own groups per addendum a for profits received specific to this agreement and said payment orders shall be lodged with their bank officers as herein written for implementation.
WE AGREE TO THE ABOVE IRREVOCABLE FEE PROTECTION AGREEMENT IN ITS ENTIRETY.
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE EXECUTED AS OF THE EFFECTIVE DATE OF 26TH, MARCH 2021 BY THEIR DULY AUTHORIZED REPRESENTATIVES.
CONFIRMED AND SIGNED ON 26TH, MARCH 2021, FOR AND BEHALF OF RECEIVER:
_____________________________________
NAME: MR. KIM LENG CHOON
TITLE: Director
PASSPORT NUMBER: E6527119J
NATIONALITY: SINGAPOREISSUING DATE: 07 FEB 2017
EXPIRY DATE: 07 NOV 2022
CONFIRMED AND SIGNED ON 26TH, MARCH 2021 FOR AND ON BEHALF OF PROVIDER/SELLER:
_____________________________________
NAME: JAMES KENNETH REID
TITLE: MANAGING DIRECTOR/CEO
PASSPORT NUMBER: 502232030
NATIONALITY: UNITED STATES OF AMERICA
ISSUING DATE: 30TH APRIL 2013
EXPIRY DATE: 28TH APRIL 2023
ANNEX 1
VERBIAGE OF BANK PAYMENT UNDERTAKING (BPU) VIA SWIFT MT799
TO BE ISSUED FROM BUYER'S BANK TO PROVIDER‘S BANK VIA SWIFT
WE (ISSUING BANK NAME AND ADDRESS) HEREBY CONFIRM WITH FULL BANK RESPONSIBILITY THAT AT THE REQUEST OF OUR CLIENT: XXXXXXXX WE AGREE TO ACCEPT ON THEIR ACCOUNT A ONE HUNDRED MILLION EUROS (€100,000,000.00) STANDBY LETTER OF CREDIT ISSUED BY YOUR BANK ON BEHALF OF YOUR CUSTOMER: HAPAG LLOYDS INTERNATIONAL LIMITED AND IN FAVOR OF OUR CLIENT: XXXXXXXXX ACCOUNT NUMBER : XXXXXXXXXXXXXXX WITH A TERM OF ONE (1) YEAR AND ONE (1) DAY.
WE IRREVOCABLY CONFIRM THAT WITHIN FIVE (5) BANKING DAYS AFTER RECEIPT OF THE STANDBY LETTER OF CREDIT VIA SWIFT MT760 AND IT'S AUTHENTICATION, WE WILL TRANSFER €10,000,000.00 (TEN MILLION EUROS) BY SWIFT MT103 TO THE BANK ACCOUNT DETAILS STATED BELOW
ANNEX 2
STANDBY LETTER OF CREDIT
(VERBIAGE TO BE PROVIDED BY RECEIVER)
SWIFT MT760 DELIVERY SBLC VERBIAGE TEXT
SENDING BANK
Bank Name :
Bank Address :
Account Name :
Account Number :
Amount :
SWIFT Code :
Bank Officer :
Telephone Number :
Bank Officer e-mail :
RECEIVING BANK
Bank Name :
Bank Address :
SWIFT Code :
Account Name :
Account Number :
Bank Officer :
Telephone :
Bank Officer e-mail :
SWIFT Code :
--------------------------- MESSAGE TEXT ---------------------------
STANDBY LETTER OF CREDIT NO.: _____________________________
ISSUE DATE: _____________________________
MATURITY DATE: _____________________________
FOR VALUE RECEIVED, WE, THE UNDERSIGNED AUTHORIZED BANK OFFICERS OF ……………..BANK , LOCATED AT………………………………………………………………..WITH FULL BANK RESPONSIBILITY HEREBY ISSUE OUR IRREVOCABLE, CALLABLE, UNCONDITIONAL CASH BACKED STANDBY LETTER OF CREDIT WITH NUMBER # ………. (BOOKING NUMBER OF THE SBLC AT …………………………………. BANK) AND WITHOUT PROTEST OR NOTIFICATION GUARANTEE TO PAY IN FULL WITHOUT DELAY AGAINST THIS STANDBY LETTER OF CREDIT
THIS BEING STATED, WAIVING ALL RIGHTS OF OBJECTION AND DEFENSE ARISING FROM THE SAID STANDBY LETTER OF CREDIT, WE HEREBY IRREVOCABLY UNDERTAKE TO PAY IMMEDIATELY TO YOU OR ANY BONAFIDE HOLDER OR ASSIGNEES THEREOF THE PRINCIPAL AMOUNT OF €150,000,000.00 (ONE HUNDRED FIFTY MILLION EUROS) INCLUDING PRINCIPAL INTEREST, AND ALL OTHER CHARGES UPON RECEIPT OF YOUR WRITTEN DEMAND FOR PAYMENT BY REGISTERED MAIL ON OR BEFORE THE EXPIRATION DATE.
SUCH PAYMENT SHALL BE MADE WITHOUT SET OFF, FREE AND CLEAR OF ANY DEDUCTION OR CHARGED, FEES, OR WITHHOLDINGS OF ANY NATURE AND BEING THIS BG/SBLC VALID UNTIL ONE YEAR AND ONE DAY. AFTER MATURITY DATE AND EXPIRES AUTOMATICALLY AND IN FULL IF YOUR WRITTEN REQUEST FOR PAYMENT MADE BY SWIFT OR TESTED TELEX MESSAGE IS NOT IN OUR POSSESSION ON OR BEFORE THAT DATE.
THIS SBLC IS CASH-BACKED, TRANSFERABLE, ASSIGNABLE AND DIVISIBLE WITHOUT PRESENTATION TO US OR PAYMENT OF ANY TRANSFER FEES.
THIS CABLE IS AN OPERATIVE INSTRUMENT, ALL CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT.
THIS STANDBY LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDIT (LATEST VERSION) OF INTERNATIONAL CHAMBER OF COMMERCE (ICC) PUBLICATION No. 600, URDG FORMAT758.
THIS STANDBY LETTER OF CREDIT SHALL BE GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF ………………………………...
FOR AND ON BEHALF OF:
(BANK NAME)
(BANK ADDRESS)
BANK OFFICER #1 NAME / TITLE / PIN CODE: XXXXX
BANK OFFICER #2 NAME / TITLE / PIN CODE: XXXXX
ANNEX 3
SWIFT MT799 PRE-ADVICE
(VERBIAGE TO BE PROVIDED BY RECEIVER)
FROM
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
BENK OFFICER NAME:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
TO
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
BENK OFFICER NAME:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
trANSACTION CODE:
AMOUNT:
CURRENCY
BENEFICIARY
FOR VALUE TO BE RECEIVED BY YOU, WE, ----- {NAME OF ISSUING BANK} -----, AT ----- {FULL BANK ADDRESS}-----, HEREBY ISSUE OUR IRREVOCABLE, UNCONDITIONAL AND NEGOTIABLE SBLC NO : --------- IN FAVOUR OF ____________ THE BENEFICIARY XXXXXXXXXX FOR THE AMOUNT OF 250,000,000.00 AMOUNT IN WORD {EUR0 250,000,000.00}, VALID FOR ONE (1) YEAR AND ONE (01) DAY WITH POSSIBALE ROLL AND EXTENTION AND DUE FOR PAYMENT AT MATURITY ON __________ {1 YEAR + 1 DAY MATURITY DATE FROM ISSUING DATE} _____________
WE HEREBY IRREVOCABLY AND UNCONDITIONALLY UNDERTAKE TO PAY IN FULL AGAINST THIS BG/SBLC AT MATURITY, WITHOUT ANY PROTEST, DELAY OR OBJECTION, THE SUM OF EUR €250,000,000.00 TO THE ORDER OF XXXXXXXXXX THE BENEFICIARY’S THE BEARER OR HOLDER THEREOF AT MATURITY. SUCH PAYMENT SHALL BE MADE FREE AND CLEAR OF ANY DEDUCTIONS CHARGES, FEES OR WITHHOLDING, UPON RECEIVING BENEFICIARY’S FIRST DEMAND VIA BANK WIRE SYSTEM AND SURRENDER OF THIS BG/SBLC NO: -------------- AT THIS BANK AT MATURITY DATE.
THIS SBLC IS TRANSFERABLE AND ASSIGNABLE WITHOUT PRESENTATION OF IT TO US AND WITHOUT PAYMENT OF ANY FEES. WE HEREBY ENGAGE WITH YOU THAT THE DEMAND MADE UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS SBLC, SHALL BE DULY HONOURED ON DUE PRESENTATION TO US. THE DEMAND HEREUNDER MUST BE MARKED “DRAWN UNDER SBLC NO: -------- DATED,_________{GUARANTY ISSUE DATE}
THIS SBLC IS CONSTRUED, GOVERNED AND ISSUED IN ACCORDANCE WITH THE RULES, REGULATIONS AND PRACTICES AS SET FORTH BY THE INTERNATIONAL CHAMBER OF COMMERCE {ICC}, PARIS, FRANCE, PUBLICATION 500, LATEST REVISION.
THIS SWIFT IS OUR VALID AND OPERATIVE INSTRUMENT. NO MAIL CONFIRMATION WILL FOLLOW. ALL CHARGES ARE FOR THE ACCOUNT OF APPLICANT.
Please confirm you are ready to receive and fund this bank instruments with good, clean and non-criminal origin funds.
For and on Behalf of
______________________ ______________________
Authorized Bank Officer 1 Authorized Bank Officer 2
ANNEX 4
IN BUYER/LESSEE’S BANK LETTERHEAD
ADS CANADIAN BANK
1 DUNDAS STREET WEST,
TORONTO ON M5G 1Z3, CANADA
SWIFT CODE: ACDNCATT
DATE: XXXXXXXX
ATTN:
LETTER OF ACCEPTANCE OF STANDBY LETTER OF CREDIT ISSUED BY
ADS CANADIAN BANK
WE (NAME AND ADDRESS OF SBLC RECEIVING BANK) HEREBY CONFIRM WITH FULL BANK RESPONSIBILITY THAT WE ARE READY TO RECEIVE A IRREVOCABLE CASH BACKED STANDBY LETTER OF CREDIT ISSUED BY YOUR BANK (ADS CANADIAN BANK)IN FAVOR OF OUR CUSTOMER (BENEFICIARY ACCOUNT NAME AND ACCOUNT NUMBER).
THIS LETTER IS CONFIRMABLE ON A BANK TO BANK BASIS
FOR AND ON BEHALF OF
(NAME OF SBLC RECEIVING BANK)
(ADDRESS OF SBLC RECEIVING BANK)
ACCEPTED AND AGREED WITHOUT CHANGE
(Electronic signature is valid and accepted as hand signature)
EDT (ELECTRONIC DOCUMENT TRANSMISSIONS)
EDT (Electronic document transmissions) shall be deemed valid and enforceable in respect of any provisions of this Contract. As applicable, this agreement shall be: Incorporate U.S. Public Law 106-229, ‘‘Electronic Signatures in Global & National Commerce Act’’ or such other applicable law conforming to the UNCITRAL Model Law on Electronic Signatures (2001)
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.
Required message “The remitter is known to us. This is done with full banking responsibility and we are satisfied as to the source of funds sent to us.”
-*-*-*-END OF DOCUMENT-*-*-*-
UNAUTHORIZED CONTACT TO PROVIDER’S BANK IS NOT ALLOWED
LESSER/PROVIDER: Page of RECEIVER/LESSEE:
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