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CORPORATE AGREEMENT FOR FINANCIAL INSTRUMENTS VIA SWIFT MT103 ONE

WAYCONTRACT NO:100B/4351XZ/2017
DATE: January THE 1ST, 2017
ountTHIS CORPORATE AGREEMENT FOR FINANCIAL INSTRUMENTS VIA SWIFT MT103 (FURTHER
DESIGNATED AS THE AGREEMENT) ARE ENTERED ON THIS January THE 1ST 2017 BY AND
BETWEEN:
PARTY A:
HEREINAFTER REFERRED TO AS SENDER:
COMPANY NAME XXXXXX TRADE CO. LTD.
ADDRESS
REPRESENTED BY
PASSPORT NO.
COUNTRY OF ISSUE
DATE OF ISSUE 10/02/2012
DATE OF EXPIRY 09/02/2022
AND
PARTY B:
HEREINAFTER REFERRED TO AS RECEIVER:
COMPANY NAME
ADDRESS
REPRESENTED BY
PASSPORT NO.
COUNTRY OF ISSUE
DATE OF ISSUE
DATE OF EXPIRY
NAME OF BANK
BANK ADDRESS
ACCOUNT NUMBER:
SWIFT CODE:
BANK TEL

WHEREAS: THE RECEIVER IS READY TO RECEIVE A FINANCIAL INSTRUMENT TRANSFER


WITHOUT VALIDATION ISSUED BY XXXX, WITH A FACE VALUE AMOUNT OF
€49,500,000.00 (EUROS) WITH R&E OF UP TO €, 000,000,000.00 (EUROS).

WHEREAS: THE PARTIES UNDERSTAND THAT ISSUING BANK WILL NOT SEND CASH FUNDS
TO RECEIVER’S BANK ACCOUNT. THE FINANCIAL INSTRUMENT VIA SWIFT MT103 SENT
THROUGH SWIFT BRUSSELS (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 COMMUNICATION WITH ISSUING BANK AND NO 202
TO FOLLOW.

WHEREAS: THE RECEIVER DESIRES TO RECEIVE AN INSTRUMENT VIA SWIFT MT103 FROM
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: SENDER DESIRES TO TRANSFER THROUGH FROM ISSUING BANK THE


AFOREMENTIONED INSTRUMENT TO THE RECEIVER’S BANK. SENDER REPRESENTS AND
WARRANTS THAT IT HAS THE ABILITY AND RESOURCES TO ARRANGE THROUGH
ASSOCIATES, CONTACTS AND SOURCES, WITH FULL CORPORATE RESPONSIBILITY,

Provider Intials: Receiver Intials:


CORPORATE AGREEMENT FOR FINANCIAL INSTRUMENTS VIA SWIFT MT103 ONE
WAYCONTRACT NO:100B/4351XZ/2017
DATE: January THE 1ST, 2017
INSTRUMENT IN THE TERM OF ASSIGNMENTS TO BE PROVIDED TO THE RECEIVER’S
BANK. SENDER 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 ONE WAY VIA SWIFT


ISSUING BANK
INSTRUMENT NOMINAL €200,000,000.00 (EUROS)
FIRST TRANCHE €49,500,000.00 (EUROS)
PROFITS RECEIVING: 5 %(FIVE PERCENT) PLUS 3 % (THREE PERCENT) OF THE
TOTAL VALUE
PAYMENT: SWIFT MT103 WIRE TRANSFER
DURATION OF ONE YEAR AND ONE DAY
INSTRUMENT:
METHOD OF SWIFT: AUTHENTICATION ON INTERBANK SCREEN

PROCEDURES:

1. RECEIVER SIGN THIS MOU AND RETURN TO THE PROVIDER WITHIN 48HRS UPON
RECEIPT.
2. UPON THE RECEIPT OF THE SIGNED CONTRACT FROM THE RECEIVER, THE PROVIDER
VERIFIES, COUNTERSIGN, CONVERT TO PDF AND RETURN TO THE RECEIVER.

3. THE PROVIDER WILL INSTRUCT HIS ISSUING BANK OFFICER TO SEND THE
FINANCIAL INSTRUMENT OF THE FIRST NOMINAL OF€,49,500,000.00 (MILLION EUROS)
VIA SWIFT MT103 ONE WAY TO THE RECEIVER’S BANK ACCOUNT;

4. THE RECEIVER SHALL CAUSE HIS BANK TO ARRANGE FULL PAYMENT OF 8% IN THE
SUM OF €,3,960,000.00 ( MILLION EUROS) AS PER PROVIDER & CONSULTANCY FEES
OF (5%) IN THE SUM OF €,2,475,000.00 ( MILLION EUROS) AS PER IFPA WITHIN
THREE (3) BANKING DAYS UPON RECEIPT, OF INSTRUMENT’S SWIFT MT103 ON
INTERBANK SCREEN. NO CONFIRMATION FROM SENDING BANK IS REQUIRED.

5. THE PARTIES SHALL SEND COPIES OF BANK SWIFT MESSAGES VIA E-MAIL WITHIN
(24) HOURS OF EACH SWIFT/SENT MESSAGES/TEXT FROM BOTH BANKS.

6. COMMENCEMENT OF SUBSEQUENT INSTRUMENT’S NOMINAL SHALL BE PERFORM


ACCORDING TO TERMS IN THIS PRESENT CONTRACT PROCEDURE.

7. SHOULD THE RECEIVER/RECEIVER’S BANK DEFAULT TO PAY AS STIPULATED IN THIS


CONTRACT THE AGREED PERCENTAGE OF (8%) FACE VALUE TO PROVIDER AND
INTERMEDIARY BANKING COORDINATES AS AGREED IN POINT 4 AFTER THREE (3) DAYS
FROM SWIFT MT103 ONE WAY RECEIPT ON INTERBANK SCREEN TO HONOR THE SWIFT.

ELECTRONIC DOCUMENT TRANSMISSIONS (EDT):

Provider Intials: Receiver Intials:


CORPORATE AGREEMENT FOR FINANCIAL INSTRUMENTS VIA SWIFT MT103 ONE
WAYCONTRACT NO:100B/4351XZ/2017
DATE: January THE 1ST, 2017
EDT SHALL BE DEEMED VALID AND ENFORCEABLE IN RESPECT OF ANY PROVISIONS OF
THIS AGREEMENT. AS APPLICABLE, THIS AGREEMENT SHALL BE INCORPORATED IN U.S.
PUBLIC LAW 106-229, ‘‘ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE
ACT’’ OR SUCH OTHER APPLICABLE LAW CONFORMING TO THE UNCITRAL MODEL LAW ON
ELECTRONIC SIGNATURES (2001) AND 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.

PARTIES BANK COORDINATES:


(1): PROVIDER’S ISSUING BANK COORDINATE TO SEND MT 103 (ONE WAY):
1 COMPANY
NAME
2 BANK NAME NORDEA BANK FINLAND UK
3 BANK
ADDRESS
4 ACCOUNT
NAME
5 ACCOUNT No.
6 SWIFT CODE
7 ACCOUNT
SIGNATORY
8 BANK
OFFICER
9 BANK
OFFICER
TEL /FAX NO
1 BANK
0 OFFICER
EMAIL

(1): PROVIDER’S BANK COORDINATE TO RECEIVE MT103/23:


€,2,475,000.00 ( MILLION EUROS)
NAME OF BANK
BANK ADDRESS
ACCOUNT NUMBER:
IBAN NUMBER:
ACCOUNT NAME:
SWIFT CODE:
SORT CODE:
BANK OFFICER:

Provider Intials: Receiver Intials:


CORPORATE AGREEMENT FOR FINANCIAL INSTRUMENTS VIA SWIFT MT103 ONE
WAYCONTRACT NO:100B/4351XZ/2017
DATE: January THE 1ST, 2017
BANK TEL:
BANK FAX:

(1): RECEIVER’S BANK COORDINATES TO RECEIVE MT 103 (One Way):


NAME OF BANK
BANK ADDRESS
ACCOUNT NUMBER:
IBAN NUMBER:
ACCOUNT NAME:
SWIFT CODE:
BANK OFFICER:
BANK TEL:

SIGNED THIS 30DAY OF January 2017 FOR AND ON BEHALF OF

PROVIDER

__________________
XXXX CO. LTD.
NAME: XXX
TITLE DIRECTOR
PASSPORT NO. XXXXX
C OUNTRY : xxx
ISSUE DATE : 10/02/2012
EXPIRY DATE: 09/02/2022
RECEIVER:

_________________

COMPANY NAME: COMPANY NAME:

REPRESENTED BY: REPRESENTED BY:


PASSPORT NUMBER: PASSPORT NUMBER:
ISSUING COUNTRY: ISSUING COUNTRY:
ISSUED DATE: ISSUED DATE:
DATE OF EXPIRY: DATE OF EXPIRY:

PROVIDER’S PASSPORT

Provider Intials: Receiver Intials:


CORPORATE AGREEMENT FOR FINANCIAL INSTRUMENTS VIA SWIFT MT103 ONE
WAYCONTRACT NO:100B/4351XZ/2017
DATE: January THE 1ST, 2017

Provider Intials: Receiver Intials:


CORPORATE AGREEMENT FOR FINANCIAL INSTRUMENTS VIA SWIFT MT103 ONE
WAYCONTRACT NO:100B/4351XZ/2017
DATE: January THE 1ST, 2017

RECEIVER’S PASSPORT:

Provider Intials: Receiver Intials:


CORPORATE AGREEMENT FOR FINANCIAL INSTRUMENTS VIA SWIFT MT103 ONE
WAYCONTRACT NO:100B/4351XZ/2017
DATE: January THE 1ST, 2017

AFFIRMATION OF MT103 ONE WAY TRANSACTION


DATE: 01/01/17
TRANSACTION CODE:

1. I hereby affirm that I am in complete understanding of the MT103 One


way SWIFT transaction.
2. I understand that SERVICE PROVIDER’S NOMINATED any bank will send, via
SWIFT MT103 message in the amount of
€ ,000,000,000 (Million Euros) to my designated account.
I also understand the following:
3. TOP EUROPEAN BANKS has agreed to send the MT103 SWIFT MESSAGE ONLY.
4. TOP EUROPEAN BANKS WILL NOT SEND CASH TO MY BANK ACCOUNT.
5. The MT103 is only for credit enhancement.
6. This is a 1-way transaction which means that the SWIFT will appear
ONLY ON INTERBANK SCREEN and there will be no verifications
communication with TOP EUROPEAN BANKS.
7. I must have a credit line ready against which I will use the MT103 One
way to pay for this transaction.
8. I am absolutely and completely clear of this transaction and am ready
to fulfil my part.

Signature:
Date: 01/01/17
SIGNED FOR AND ON BEHALF OF PARTY B
SIGNED FOR AND ON BEHALF OF THE RECEIVER:

Company name:
Represented by:
Title:
Passport #:
Place of Issue:
Issue date:
Expiry date:

Provider Intials: Receiver Intials:


CORPORATE AGREEMENT FOR FINANCIAL INSTRUMENTS VIA SWIFT MT103 ONE
WAYCONTRACT NO:100B/4351XZ/2017
DATE: January THE 1ST, 2017

VERBIAGE FOR MT103/23 BANK PAY ORDER


VIA SWIFT MT103/23
-------------------------- () -------------------------
FROM / RECEIVER:
Bank Name:
Address:
Account Name:.
Account number:
IBAN:
SWIFT Code:

TO / PROVIDER:
Bank Name :
Bank Officer:
Phone Number:
Fax Number:
S.W.I.F.T.:
Account Number:
Account Holder
BY THE ORDER OF:
TRANSACTION CODE:

WE,XXXXXXXXXXX , HEREBY PRESENT OUR IRREVOCABLE, ASSIGNABLE, TRANSFERABLE


AND CALLABLE CASH BACKED S.W.I.F.T. WIRE TRANSFER MT 103/FIELD 23
CONDITIONAL IN YOUR FAVOR FOR THE ACCOUNT OF XXXXXXXXXXXX, ACCOUNT NUMBER
XXXXXXXXXXX IN THE AMOUNT OF USD 000,000.00 FOR THE TRANSACTION CODE OF:
XXXXXXXXXXXXXXXXXX THIS SWIFT IS CONDITIONAL UPON RECEIVING THE LEASING
PAYMENT OF USD 000,000,000.00 WE HEREBY CONFIRM THAT THE FUNDS ARE GOOD,
CLEAN AND CLEARED FUNDS OF NONCRIMINAL ORIGIN AND ARE FROM A LEGAL SOURCE.
THIS IRREVOCABLE S.W.I.F.T. IS A BINDING FULLY PERFORMED DUE BILL AND IS
IMMEDIATELY CALLABLE ON US FOR CASH PAYMENT AGAINST THE BANK CERTIFIED
INVOICE CONDITIONAL UPON OUR ACCEPTANCE FOR THE PURCHASE AND DELIVERY OF
THE BANK INSTRUMENTS SPECIFIED BELOW:

INSTRUMENT NO: XXXXXXXXXXXXXXXXXX

THIS CONDITIONAL, IRREVOCABLE, DIVISIBLE, ASSIGNABLE, TRANSFERABLE AND


CALLABLE S.W.I.F.T. WIRE TRANSFER IS VALID UNTIL THE LEASING PAYMENT IS
CONFIRMED. THIS IS AN OPERATIVE BANK INSTRUMENT AND IS SUBJECT TO THE
UNIFORM COMMERCIAL CODE AS IT RELATES TO BANK CREDIT INSTRUMENTS.
_________________________ _______________________
BANK OFFICER BANK OFFICER
NAME TITLE NAME TITLE

---------------------------- END OF MESSAGE ----------------------------

Provider Intials: Receiver Intials:


CORPORATE AGREEMENT FOR FINANCIAL INSTRUMENTS VIA SWIFT MT103 ONE
WAYCONTRACT NO:100B/4351XZ/2017
DATE: January THE 1ST, 2017
PAYMENT INSTRUCTION:
PROVIDER’S MANDATE ACCOUNT COORDINATE TO RECEIVE 1,50% OF FUNDS FACE VALUE:
€ 745000,00
BANK NAME: HSBC BANK USA
BANK ADDRESS: 140 Broadway, New York, NY 100051180 , USA
ACCOUNT NAME: FNB ( First National Bank)
ACCOUNT NO: (USD) 0003045XX
SWIFT CODE: MRMDUS33
BENEFICIARY : XXXXXLIMITED Account #: 01-XXXX778
BANK OFFICER:
BANK OFFICER PHONE / FAX:
BANK OFFICER E-MAIL:
SPECIAL INSTRUCTIONS: PREADVICE MUST BE SENT VIA SWIFT PRIOR TO WIRE TRANSFER & EMAIL A NOTIFICATION
IMMEDIATELY UPON EACH TRANSFER PAYMENT TOGETHER WITH THE TRANSACTIONS CODE/S TO
E-MAIL: -- / .
REQUIRED MESSAGE: ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN AND CLEAR, OF NON-CRIMINAL
ORIGIN AND ARE PAYABLE IN CASH IMMEDIATELY UPON RECEIPT BY BENEFICIARY’S BANK.”

RECEIVER’S faciletors ACCOUNT COORDINATE TO RECEIVE 1,50% OF FUNDS


FACEVALUE: :€ 745000,00
BANK NAME:
BANK ADDRESS:
ACCOUNT NAME:
ACCOUNT NO: (USD)
SWIFT CODE:
BANK OFFICER:
BANK OFFICER PHONE / FAX:
BANK OFFICER E-MAIL:
BENEFICIARY :
SPECIAL INSTRUCTIONS: PREADVICE MUST BE SENT VIA SWIFT PRIOR TO WIRE TRANSFER & EMAIL A NOTIFICATION
IMMEDIATELY UPON EACH TRANSFER PAYMENT TOGETHER WITH THE TRANSACTIONS CODE/S TO
E-MAIL: -- / .
REQUIRED MESSAGE: ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN AND CLEAR, OF NON-CRIMINAL
ORIGIN AND ARE PAYABLE IN CASH IMMEDIATELY UPON RECEIPT BY BENEFICIARY’S BANK.”
SIGNED THIS 01DAY OF January 2017 FOR AND ON BEHALF OF

PROVIDER RECEIVER:

__________________ _________________

COMPANY NAME: COMPANY NAME:


REPRESENTED BY: REPRESENTED BY:
PASSPORT NUMBER: PASSPORT NUMBER:
ISSUING COUNTRY: ISSUING COUNTRY:
ISSUED DATE: ISSUED DATE:
DATE OF EXPIRY: DATE OF EXPIRY:
******* END OF CORPORATE AGREEMENT *********

Provider Intials: Receiver Intials: