ABNAMRO FC BG

Buyer Code:
Seller Code:
Transaction Code:                      ON BUYER LETTERHEAD
 
 
 
 
 
 
 
 
 
LETTER OF INTENT AND PURCHASE AGREEMENT
 
DATE:  May XX 2011​
TO:   Collateral Provider
 
 
In regard to the above captioned transaction, we(NAME OF CORPORATION), represented by ,NAME OF REPRESENTATIVE, bearer of COUNTRY OF PASSPORT Passport No. PASSPORT NUMBER, a duly registered company in  with office address atADDRESS OF CORPORATION, , confirm with full corporate authority and legal responsibility, under full Penalty of Perjury, that we have immediate availability of good, clean, cleared funds of non-criminal origin in a sum up to 500 Millions EUROS and dedicated reserve funds for the purpose of purchasing BANK INSTRUMENTS under the terms and conditions stated herein.
 
DESCRIPTION OF THE BANK INSTRUMEMT:
 
BANK INSTRUMENT:
BANK GUARANTEE, CASHED BACK
FORMAT:
UCP 458 OF ICC
AGE:​
FRESH CUT (FC)
PROOF OF FUND:
BANK OFFICER TO BANK OFFICER
ISSUING BANK:
ABN AMRO BANK, Head Office
INTEREST:
ZERO COUPON (0.0%)
TERM:
ONE YEAR AND ONE DAY
RATING:
S & P RATED “AA” OR BETTER
CURRENCY:
€ EURO
TOTAL AMOUNT:
€50,000,000,000.00 (FIFTY BILLION €EUROS) WITH ADDITIONAL ROLLS AND EXTENSIONS; ADDITIONS AND SECONDARY CONTRACTS.                    
PRICE:
48% +1+1% (FORTY-EIGHT PERCENT PLUS ONE PLUS ONE PERCENT)
FIRST TRANCHE:
€EUR 500,000,000 (FIVE HUNDRED MILLION EUROS)
SUBSEQUENT TRANCHES:  
€EUR 500,000,000 (FIVE HUNDRED MILLION EUROS) OR AS AGREED BETWEEN BUYER AND SELLER
TRANCHE FREQUENCY:
FOUR OR FIVE DAYS PER WEEK OR AS AGREED BETWEEN THE BUYER AND THE SELLER
COMMISSION:
TOTAL OF ONE PERCENT (1%) OF FACE VALUE
PAID BY THE BUYER  AS PER FPA
TRANSACTION MODE:
MT199,MT799, MT760 PROCEDURES
PURCHASE MODE:
FUNDS FIRST VIA SWIFT MT103 FIELD 23 CONDITIONAL SWIFT FINALLY MT-103
SCREENING:
DTC
DELIVERY:
ELECTRONIC VIA MT760, HARD-COPY COURIER

DELIVERY WITHIN SEVEN (7) INTERNATIONAL BANKING DAYS;

 

 
 
 
 
 
 

CLOSING PROCEDURES FOR THE TRANSACTION:
 
1.​THE BUYER SUBMITS THIS LOI/CONTRACT INCLUDING FULL BANK COORDINATES (WHERE FUNDS ARE DEPOSITED) TOGETHER WITH:
CLIENT INFORMATION SHEET
CORPORATE RESOLUTION (IF APPLICABLE)
COPY OF PASSPORT ENLARGED TO A4 SIZE PHOTO
TEXT OF MT 199 POF (APPENDIX A)
HISTORY OF FUNDS
NON-SOLICITATION LETTER
BG TEXT VERBIAGE
IRREVOCABLE FEE PROTECTION AGREEMENT / PAY ORDER
 
2.​SELLER UPON RECEIPT OF THE LOI PACKAGE WILL EXECUTE AND COUNTERSIGN THE LOI WITHIN 72 HOURS MARKING THAT THE LOI ENFORCED AS BINDING CONTRACTUAL AGREEMENT. SELLER WILL RETURN THE LOI/CONTRACT WITH ALL PERTINENT DATA AND CODES.

3.​BUYER RECEIVES THE COUNTER-SIGNED LOI FROM THE SELLER AND WITHIN 24 BANKING HOURS, BUYER SENDS THE POF VIA MT-199 TO THE SELLER’S BANK TO CONFIRM BUYER’S FUNDS FOR THE FIRST TRANCHE AND AT THE SAME TIME THE SELLER CONFIRMS THE SELLER’S CAPABILITY TO ISSUE THE BANK GUARANTEES.
 

4.​WITHIN 48 BANKING HOURS, SELLER BANK WILL SEND POP VIA MT199 OR MT799 TO BUYER’S BANK CONFIRMING THAT THEY ARE READY TO SEND THE INSTRUMENTS BY SWIFT MT-760 AND ASKING THE BUYER’S BANK TO CONFIRM THEIR READINESS TO RECEIVE THE FINANCIAL INSTRUMENTS AND THE AVAILABILITY OF FUNDS FOR THIS TRANSACTION.

5.​WITHIN 24 BANKING HOURS, BUYER’S BANK SENDS ICBPO VIA MT799 TO SELLER’S BANK CONFIRMING THAT THEY ARE READY, WILLING AND ABLE TO RECEIVE MT-760 AND TO RELEASE IRREVOCABLE PAYMENT COMMITMENTS AS PER THIS CONTRACT.
 

6.​WITHIN 3 BANKING DAYS, SELLER BANK SENDS BG VIA MT760  AND CERTIFIED CORPORATE INVOICE OF THE BANK GUARANTEES TO THE BUYER’S BANK VIA BANK-TO-BANK PROTOCOL, COMPLETE WITH INFORMATION NEEDED FOR AUTHENTICATION SUCH AS CUSIP/ISIN NUMBERS, ISSUING BANK, DATE OF ISSUANCE AND MATURITY, DENOMINATIONS, TEXT OF INSTRUMENT, ACCESS CODES, ETC.
 
7.​AFTER VERIFICATION AND AUTHENTICATION OF INSTRUMENTS, BUYER’S BANK ACCEPTS THE BANK GUARANTEES AND WITHIN EIGHT (8) BANKING HOURS, SHALL SETTLE THE PAYMENT VIA SWIFT WIRE MT-103 UNCONDITIONAL TO SELLER’S BANK, SIMULTANEOUSLY THE TWO PERCENT (2%) COMMISSION/FEES WILL BE PAID BY THE BUYER’S BANK VIA SWIFT WIRE TRANSFER TO THE PAYMASTERS’ DESIGNATED BANK ACCOUNTS AS STATED IN THE FEE PROTECTION AGREEMENT.
8.​HARD COPY ORIGINALS WILL BE DELIVERED TO BUYER’S BANK WITHIN SEVEN (7) BANKING DAYS AFTER RECEIPT OF PAYMENT BY SELLER’S BANK.
9.​ALL SUBSEQUENT TRANCHES WILL BE BASED ON THE SAME PROCEDURES UNTIL COLLATERAL OR FUNDS BECOME EXHAUSTED.
10.​ANY UNAUTHORIZED CALLS BY ANY PARTY OR ITS REPRESENTATIVE LAWYERS TO PROBE OR COMMUNICATION OF THE PARTY’S BANK(S) SHALL BE PROHIBITED WITHOUT EXPRESSED WRITTEN PERMISSION.
 
BUYER´S OBLIGATIONS:
 
The BUYER, with full corporate and legal responsibilities, and under penalty of perjury, confirms that he is fully aware of his financial ability and facilities with his bank when signing this LOI and/or other agreements and documents with the SELLER.
 
The BUYER further confirms that the SELLER is authorized to verify the funds of each tranche of the Contract with his bank, if necessary. In the event of unsatisfactory verification, the transaction will be suspended immediately and the Buyer is in breach of the Contract and liable for legal consequences.
 
SELLER´S OBLIGATIONS:
 
The SELLER with full corporate and legal responsibilities, and under penalty of perjury, confirms that SELLER is fully aware of the commitment of the Instruments when countersigning this LOI.
 
The SELLER further confirms to deliver the instruments, to negotiate and make proper arrangement with the provider to continuously supply the instruments until the whole contracted volume is exhausted.
 
There will be no contact by either party to either bank without expressed written permission. Both parties may change banking coordinates with written notice to the other party.
 
 
 
 
PENALTY CLAUSE FOR NON-PERFORMANCE
Should any of the signatory Parties herein fail to perform according to the terms and as required by this contract, once signed, then, the failing Party shall indemnify the aggrieved Party for an amount of 2% of EUR€ Five Hundred Million. The distribution of the 2% penalty shall be 1.25% to the aggrieved signatory Party of the contract and 0.75% to all of the Consultants designated in the Irrevocable Master Fee Protection Agreement. Said 0.75% will be divided according to the percentage delineated distributions in the Irrevocable Master Fee Protection Agreement.
 
 
BANKING COORDINATES:
 
BUYER’S FULL BANKING COORDINATES FOR PAYMENT AND RECEIVES INSTRUMENT:
 
BANK NAME:
BANK ADDRESS:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NUMBER:
ACCOUNT BANK OFFICER:
ACCOUNT BANK OFFICER EMAIL:
ACCOUNT BANK OFFICER TELEPHONE:
ACCOUNT BANK OFFICER FAX:
 
SELLER’S FULL BANKING COORDINATES TO ISSUE INSTRUMENT AND RECEIVE PAYMENT:
     
BANK NAME:
BANK ADDRESS:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NUMBER:
ACCOUNT BANK OFFICER:
ACCOUNT BANK OFFICER EMAIL:
ACCOUNT BANK OFFICER TELEPHONE:
ACCOUNT BANK OFFICER FAX:
 
 
(BANK COORDINATES CAN BE SUBJECT TO CHANGE WITH EIGHT (8) BANKING HOURS PRIOR NOTICE)
 
Any unauthorized bank calls, communications and any improper solicitations or disclosure involving any bank concerned in this transaction will result, at the discretion of the damaged party, in the immediate cancellation of this transaction and subject the violating Party responsible for damages.
 
Any party to this contract shall have the right to have recourse to and shall be bound by the pre-arbitral referee procedure of the International Chamber of Commerce in accordance with its Rules for a Pre-Arbitral Referee Procedure. All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules of Arbitration. Requests for Pre-Arbitral Referee and Arbitration shall be submitted to the Court’s Secretariat in Paris and the Arbitration shall be conducted in London in English.
 
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.
 
This transaction constitutes a private placement for the purchase and sale of bank instrument, conducted between two (2) principle entities to be defined by contract and as such, is not intended to be nor shall be interpreted as a securities transaction defined by U.S. Securities Act 1933/34 or as amended by law or any other nation.
 
The Parties herein agree that the non-circumvention and non-disclosure rules of all issues from ICC, the latest edition, shall apply to the transaction for a period of Five (5) years from the date of this document or the last date of the contract including any renewals, extensions and additions that are fully completed and we agree to respect those.
 
Facsimile copies of this document when fully executed are to be considered original and becomes binding by the Parties upon acceptance.
 
We hereby acknowledge and confirm that neither the Seller nor any person on their behalf solicited me in any way whatsoever that can be construed to be a solicitation herein.
 
Both Parties hereby affirm and attest that each has the authority to accept and execute this full LOI and to be bound by its terms and conditions.
 
We hereby confirm with full authority that the above terms are agreed and acceptable.
 
FOR AND ON BEHALF OF BUYER:  SIGNATURE:
 
 

 
 
 
Date:

Name
:
 
Title,
Company Name
:
 
Passport No.
:
 
Issuing Country
:
 
Issue Date
:
 
Expiration Date
:
 
 
 
 
 
 
 
 
 
 
 
APPROVED AND ACCEPTED BY THE SELLER
 
THE SELLER
 
Signed: ________________________________________________                        
Signatory​:           Company Seal / Stamp
Title/Position​: ​President & Authorized Signatory
Company Name​:  ​______________________________________.
Passport Number​:  ​
Country of Issue​: ​
Date of Signature​: ​
 
APPENDIX A
POF Verbiage (to be send by MT199)
( VIA SWIFT“MT 199”) 
( VERBIAGE)
TO :
BANK NAME:
BANK ADDRESS:
ACCOUNT NUMBER:
ACCOUNT HOLDER:
IBAN/ROUTING NUMBER:
SWIFT CODE:
TELEPHONE:
BANK OFFICER:
 
We, … (Bank details) with address at …(full address of bank) hereby confirm, with full bank responsibility, that … (Name of Account Holder) has funds and/or credit line facility, in Account Number: … to effect settlement of your Invoice upon verification of the Instruments and that the funds are immediately available and freely transferable.
 
We further confirm that, to the best of our knowledge, these funds are legally earned, good, clean and cleared funds of non-criminal origin, free of any liens or encumbrances, and are freely transferable upon the instructions of the authorized signatory, Mr. … with … (country) passport number …
 
The authorized signatory named herein is in full control of these funds and we are prepared to
block/reserve as per the account holder’s instructions.
 
We stand ready to complete purchase upon receipt of Invoice and verification, settlement instruction of the sales invoice for the bank guarantee payment to be executed through …………….
 
The information presented herein is verifiable on a Bank-to-Bank basis.
Yours truly,
Authorized Signature Authorized Signature
_____________________________ _____________________________
Bank Officer Name Bank Officer Name
Title: Title:
Officer ID no.: Officer ID no.:
BANK SEAL
 
 
APPENDIX B
 
Sample Format of BG (ICC 458/600)
(Specimen copy – Final verbiage as per issuing Bank standard ICC format)
 
BANKGUARANTEE NO:
CURRENCY:
AMOUNT:
ISSUED AT:
ISSUE DATE:
MATURITY DATE:
BENEFICIARY:
ISSUING BANK:
BANK ADDRESS:
TRANSACTION CODE:
WE, … (FULL BANK DATA) WITH FULL BANK RESPONSIBILITY AND AUTHORITY HEREBY IRREVOCABLYAND UNCONDITIONALLY, WITHOUT PROTEST OR NOTIFICATION UNDERTAKE TO PAY AGAINST THIS BANK GUARANTEE NO. … IN FAVOUR OF … (BENEFICIARY’S DATA), LOCATED AT …, AT MATURITY DATE (… MONTHS) THE SUM OF EURO …(€ …) UPON PRESENTATION AND SURRENDER OF THIS BANK GUARANTEE AT OUR COUNTERS OF ……………………, OR OUR CORRESPONDING AND CONFIRMING BANK, BUT NOT EARLIER THAN 15 (FIFTEEN) DAYS AFTER THE MATURITY DATE. SUCH PAYMENT SHALL BE MADE WITHOUT SET-OFF, FREE, AND CLEAR OF ANY DECUCTIONS, CHARGES, FEES OR WITHHOLDINGS OF ANY NATURE, PRESENTLY OR IN THE FUTURE IMPOSED, LEVIED, COLLECTED, WITHHELD OR ASSESSED BY THE GOVERNMENT OF ………………… AND/OR ANY POLITICAL SUB-DIVISION OR AUTHORITY THEREOF OR THEREIN.
 
THIS BANK GUARANTEE IS ASSIGNABLE, DIVISIBLE AND TRANSFERABLE WITHOUT ANY PRESENTATION OF IT TO US AND WITHOUT THE PAYMENT OF ANY TRANSFER FEES. THIS BANK GUARANTEE IS GOVERNED BY THE UNIFORM CUSTOMS AND PRACTICE (UCP) FOR STANDBY LETTERS OF CREDIT AS SET FORTH BY THE INTERNATIONAL CHAMBER OF COMMERCE, PARIS, FRANCE, AND LATEST REVISION OF PUBLICATION NO 458/600 AS AMENDED.
 
THIS IS AN OPERATIVE INSTRUMENT AND NO MAIL CONFIRMATION WILL FOLLOW.
 
FOR AND BEHALF
 
FULL NAME AND ADDRESS OF THE ISSUING BANK
 
 
AUTHORISED BANK OFFICER​AUTHORISED BANK OFFICER
(NAME /TITLE) ​(NAME /TITLE)
 
BANK SEAL
 
 
 
Buyer’s Passport Copy Enlarged
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Non Solicitation
 
DATE:  May XX, 2011
 
 
I BUYER’S NAME ,as authorized signatory, do hereby confirm that I have requested of you and your organization, specific confidential information and documentation on behalf of myself regarding buying the Bank Guarantee exchanged against currently available funds to serve only my interests, education and not for further distribution.
 
I am hereby  agreeing that all information received from you is a direct response to my request and is not in any way considered or intended to be a solicitation of funds of any sort, or any type of offering and is intended for my general knowledge only.  I hereby affirm under penalty that I have requested this information from you and your organization of my own choice and free will and further that you have not solicited me in any way.
 
I herein represent that I am not an informant, nor am I associated with any government agency such as Secret Service, IRS, FBI, CIA, SEC, Banking Commission, or any agency whose purpose is to gather information regarding such offerings.
I understand that the contemplate transaction is strictly one of private placement and is in no way relying upon, or relating to the United States Security Act of 1933 as amended, or related regulations and does not involve the sale of securities.  Further, I hereby declare that you, the Program Facilitator, have disclosed that you are not licensed security trader, attorney, bank officer, certified public accountant, or financial planner.
 
Any information, work or service conducted hereunder is that of a private placement transaction that is exempt from the Securities Act and not intended for the general public but for Private Use Only.
 
FOR AND ON BEHALF OF BUYER:
AUTHORIZED SIGNATURE:

 
Date:

Name
:
 
Title,
Company Name
:  
 
 
Passport No.
:
 
Issuing Country
:
 
Issue Date
:
 
Expiration Date
:
 
 
 
 
 
 
 
 
 
CORPORATE RESOLUTION
 
 
DATE:
TO:​
 
THIS IS TO CERTIFY THAT THE BOARD OF DIRECTORS OF NAME OF CORPORATION,(CORPORATE ADDRESS),    (HEREAFTER CALLED “COMPANY”) ATTENDED A BOARD OF DIRECTORS MEETING WHICH WAS DULY AND REGULARLY CALLED, NOTICED AND HELD ONDATE, AT THE COMPANY’S ABOVE REFERENCED ADDRESS AT WHICH THERE WAS PRESENT A QUORUM THEREOF, WHEREIN THE FOLLOWING RESOLUTIONS WERE UNANIMOUSLY ADOPTED AND IT WAS RESOLVED THAT:
 
DIRECTOR, HOLDER OF COUNTRY PASSPORT NUMBER (NUMBER) SHALL BE AND IS HEREBY APPOINTED TO SERVE AS DIRECTOR OF FINANCE OF THE COMPANY AND THAT HE IS FULLY AUTHORIZED TO ACT INDIVIDUALLY AS THE SOLE REPRESENTATIVE OF THE COMPANY TO EXECUTE ALL NECESSARY DOCUMENTS ON BEHALF OF THE COMPANY IN CONNECTION WITH A MEDIUM TERM NOTE TRANSACTION, 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 INVESTMENT OR DEPOSIT CONTRACTS WITH HIS SELECTED SOURCES AND BANKS WITH RESPECT TO THE COMPANY’S DEPOSITS THEREIN, AT HIS DISCRETION, FOR AND IN THE BEST INTERESTS OF THE COMPANY. IT WAS FURTHER RESOLVED THATMR. CU ZHIYUAN AS PRESIDENT OF THE COMPANY, SHALL BE AND IS HEREBY AUTHORIZED AND DIRECTED TO CERTIFY THAT THE FOREGOING RESOLUTIONS AND THE PROVISIONS THEREOF ARE IN FULL CONFORMITY WITH THE CHARTER, BY LAWS 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(S) SET FORTH HEREIN ARE ACCOMPLISHED.
 
IT IS FURTHER CERTIFIED THAT THE ABOVE NAMED DIRECTOR OF THE COMPANY HAS BEEN DULY ELECTED AND APPOINTED TO HOLD OFFICE AND IS PRESENTLY HOLDING OFFICE AND IS EMPOWERED TO ACT FOR AND ON BEHALF OF THE COMPANY, AND THAT THIS CORPORATE RESOLUTION’S FAX 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 ___________ 2011.
 
 
 
 
FOR AND ON BEHALF OF BUYER:
AUTHORIZED SIGNATURE: ​
 

 
 
 
 
Date:
Name
:
 
Title,
Company Name
:  
 
Passport No.
:
 
Issuing Country
:
 
Issue Date
:
 
Expiration Date
:
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CLIENT INFORMATION SHEET
 
In accordance with Articles two (2) through five (5) of the Due Diligence Convention and the Federal Marketing Commission Circular of December 1998, concerning the prevention of money laundering, the following information may be supplied to Banks and/or other Federal Institutions for purposes of verification.
 
1) BUYER’S NAME:
BUSINESS ADDRESS:,  
             
   BUSINESS REGISTRATION NUMBER:
 
2) REPRESENTED BY:  
    NATIONALITY:  
    PASSPORT NUMBER:
    DATE OF ISSUE:  
    DATE OF EXPIRY:
    DATE & PLACE OF BIRTH:    
 
    BANKING COORDINATES:  
 
A)  BANK NAME:
     BANK ADDRESS:,
     SWIFT CODE:
     BANK ACCOUNT NAME:  
     BANK ACCOUNT NUMBER:
     BANK OFFICER:  
     BANK OFFICER EMAIL:
     BANK OFFICER TELEPHONE:
     BANK OFFICER FAX:
 
3) FUNDS INFORMATION AND ORIGIN:
   
ARE FUNDS CLEAN AND CLEAR? :
BRIEF CORPORATE ACTIVITIES:
 
DECLARATION:
I hereby swear under full penalty of perjury, that the information provided is both true and accurate. I am the signatory on the aforementioned bank accounts. All monies engaged in this transaction are derived from non-criminal origin; and are good, clean and cleared. The origins of funds are in compliance with Anti-Money-Laundering Policies as set forth by the Financial Action Task Force (FATF) 6/01.
 
FOR AND ON BEHALF OF BUYER:  
AUTHORIZED SIGNATURE:
 


 
 
 
Date:

Name
:
 
Title, Company Name
:
 
Passport No.
:
 
Issuing Country
:
 
Issue Date
:
 
Expiration Date
:
 
 
 
 
 
 
 

 
HISTORY OF FUNDS
 
In accordance with Articles 2 and 5 of the Due Diligence Convention and Federal Banking Commission Circular of December 1999, and U.S.A. PATRIOT ACT of 2001 International Money Laundering Abatement and TITLE iii – Anti-Terrorist Financing Act of 2001, concerning the prevention of money laundering, and ARTICLE 305 of the Swiss Criminal Code, THE FOLLOWING INFORMATION needs to be SUPPLIED TO banks and to any other required Financial Institutions for Compliance requirements, as set by the USA Government and the FEDERAL RESERVE BANK AND THE INTERNATIONAL BANKING ORGANISATION AND WORLD BANK REGULATIONS, for the purpose of verification of identity and activities of the Buyer / Investing member, and the nature and origin of the funds which are to be utilized.
 
I, __________, Buyer of Bank Instruments and the undersigned do hereby undertake and commit that the EURO FUNDS EARNED AND SECURED BY PRINCIPAL ARE THROUGH MY LEGAL BUSINESS TRANSACTIONS e.g. The money is clean, clear, and free from any lien and purely a non-criminal asset. I have also complied with all the taxation law requirements of the land.
 
I, ____________, the undersigned BUYER OF BANK INSTRUMENTS, hereby swear under full penalty of perjury laws and of misrepresentation that, the information given above is accurate and true and, that we are not members of and we are not associated with any charitable cause or organization that supports terrorist activities and, we are not part of, nor a front for any Money Laundering Scheme and neither of any illegal drug trafficking or money laundering activities.
 
The origins of funds are in compliance with Anti-Money-Laundering Policies as set forth by the Financial Action Task Force (FATF) of June 2001, and the USA Patriot Act, and ARE NOT FROM TERRORIST SOURCES. All our business activities are totally legal. I hereby affix my signature to this document as my free act and deed and as that of my respective Company and/or Corporation.
 
I hereby affix my signature to this document as my free act and deed and as that of my respective Company and/or Corporation.
 
It is agreed that a facsimile copy of this letter, or any associated documents to this transaction, are to be considered as valid, and as legally acceptable as the original.
 
I, __________________, do hereby swear under full penalty of perjury, that the information given above is accurate and true.
 
 
 
 
 
 
 
 
 
 
 
 
 
FOR AND ON BEHALF OF BUYER:  
AUTHORIZED SIGNATURE:
 
Date:

Name
:
 
Title, Company Name
:  
 
Passport No.
:
 
Issuing Country
:
 
Issue Date
:
 
Expiration Date
:
 
 
 
 
 
 
 
DATE:​
 
TO:  
 
INDEMNITY LETTER
Dear Sir,

I, the Account Holder, ________________, (title  ____) of __________, hereinafter referred to as “INDEMNITOR”, acting with full corporate authority and legal responsibility under full Penalty of Perjury, hereby represent and warrant as to the legality, authenticity, genuineness and validity of certain information contained in our various items of correspondence relative to the transaction.

INDEMNITOR hereby acknowledges that above named Seller/Provider relies solely upon INDEMNITOR’S representations and warranties as set forth in the above mentioned INDEMNITOR’S correspondence.

If the Seller/Provider has not been afforded adequate information or opportunity to conduct an independent inquiry as to the origin, genuineness and validity of the subject funds and documents, INDEMNITOR shall hold harmless the Seller/Provider regarding any conclusions drawn from the afforded information.

INDEMNITOR hereby indemnifies and hold harmless the Seller/Provider, Mandates, Agents and Assignees against any and all claims, damages, civil and/or criminal liabilities, including Attorney’s fees which arise, whether wholly or in part from reliance by Seller/Provider upon representations and warranties by INDEMNITOR as set forth above.

Sincerely,

FOR AND ON BEHALF OF BUYER:  
AUTHORIZED SIGNATURE:
 
 
 

Date:

Name
:  
 
Title
Company Name
:  
 
Passport No.
:
 
Issuing Country
:
 
Issue Date
:
 
Expiration Date
:
 
 
 
 
 
 
 
 
 
IRREVOCABLE FEE PROTECTION AGREEMENT (IFPA)
 
Date: May  XX 2011
 
DESCRIPTION OF THE BANK INSTRUMEMT:
 
BANK INSTRUMENT:
BANK GUARANTEE, CASHED BACK
FORMAT:
UCP 458 OF ICC
AGE:​
FRESH CUT (FC)
PROOF OF FUND:
BANK OFFICER TO BANK OFFICER
ISSUING BANK:
ABN AMRO BANK, Head Office
INTEREST:
ZERO COUPON (0.0%)
TERM:
ONE YEAR AND ONE DAY
RATING:
S & P RATED “AA” OR BETTER
CURRENCY:
€ EURO
TOTAL AMOUNT:
€50,000,000,000.00 (FIFTY BILLION €EUROS) WITH ADDITIONAL ROLLS AND EXTENSIONS; ADDITIONS AND SECONDARY CONTRACTS.                    
PRICE:
48% +1+1% (FORTY-EIGHT PERCENT PLUS ONE PLUS ONE PERCENT)
FIRST TRANCHE:
€EUR 500,000,000 (FIVE HUNDRED MILLION EUROS)
SUBSEQUENT TRANCHES:  
€EUR 500,000,000 (FIVE HUNDRED MILLION EUROS) OR AS AGREED BETWEEN BUYER AND SELLER
TRANCHE FREQUENCY:
FOUR OR FIVE DAYS PER WEEK OR AS AGREED BETWEEN THE BUYER AND THE SELLER
COMMISSION:
TOTAL OF TWO PERCENT (2%) OF FACE VALUE
PAID BY THE BUYER  AS PER FPA
TRANSACTION MODE:
MT199,MT799, MT760 PROCEDURES
PURCHASE MODE:
FUNDS FIRST VIA SWIFT MT103 FIELD 23 CONDITIONAL SWIFT FINALLY MT-103
SCREENING:
DTC
DELIVERY:
ELECTRONIC VIA MT760, HARD-COPY COURIER

DELIVERY WITHIN SEVEN (7) INTERNATIONAL BANKING DAYS;

 

 
 
 
 
 
 
 
 
I, the undersigned (Hereinafter the “Payer”) acting with full responsibility, hereby irrevocably and unconditionally, without protest or notification, without prejudice, recourse, or delay guarantee to pay the fee entitled to the beneficiaries listed on this document, via Wire transfer, at the time of settlement of each and every tranche of the transaction. This Fee Agreement is our irrevocable pay order to the intermediaries and is and shall remain an intricate part of the contract between the buyer and the seller.
This pay order shall remain in effect until this transaction, including any renewals, extensions and additions are fully completed. We confirm that upon the execution of this “Fee Protection Agreement” this document is our Irrevocable Pay order. This Agreement-Pay order shall be lodged in our bank and a copy from that bank will be forwarded to you the beneficiaries.
 
We agree that this irrevocable pay-order will also be lodged with seller’s side paymaster’s bank for the simultaneous collection with the first tranche. In recognition for the services rendered towards the completion of contractual formalities and the commencement of the above referenced transaction, we the undersigned payer, hereby irrevocably and unconditionally, without protest, demand or delay, promise and guarantee to pay consultancy fees of TWO PERCENT (2.0%) of the face value of the instruments, for the benefit of the consultants being hereinafter called collectively the “beneficiaries” and individually a “Beneficiary”.
 
The said consultancy fee shall be paid upon the successful closing of each and every tranche concurrently with each payment of the instruments purchased by us. Further, the said consultancy fees shall be paid in good, clean clear and unencumbered Euros and delivered, via wire transfer, to your designated trust account coordinates. Said Beneficiaries have the right to change their trust account coordinates upon written notice to the Payor.  The Payor shall have the paying bank effectuate the trust account coordinates change within five banking days of the date of the written notice.
This “Fee Agreement-Pay Order” is unconditional, assignable and divisible. This “Fee Agreement-Pay Order” shall inure to the benefit of the beneficiaries and their respective heirs, administrators, successors and assigns, as the case may be, and shall be binding and enforceable upon us, our successors and assigns as the case may be, until this transaction, including any renewals, extensions and additions are fully completed.
 
This Fee Agreement-Pay Order, if transmitted by facsimile or electronic mail shall be considered an original, legally enforceable document.
 
Generally recognized International Standards of Non Circumvention and Non-disclosure are applicable for a period of Five Years from the date of this document or the last date of the contract including any renewals, extensions and additions are fully completed and we agree to respect those.
 
We hereby declare that we are fully aware that the information received from you is in direct response to our request and is not in any way considered or intended to be a solicitation of funds of any sort, or any type of offering, and is intended for our general knowledge only. We hereby affirm, under penalty of perjury, that we have requested information from you and your organization by our choice and free will, and further that you have not solicited us in any way. Intermediaries are NOT Advisors of any kind.
 
All negotiations terms and conditions are between the principle parties and their perspective legal counsel only! Both principle parties are responsible for the ramification of their own actions. All Intermediaries are considered introducers and held harmless from any legal actions brought on by either party.
Parties to this agreement are independent contractors and all contemplated payments and/or disbursements hereunder are divided interests. Nothing in this agreement construes or creates a partnership or employer/employee relationship between or among the parties hereto. All taxes, federal, state or other are the independent responsibility of each of the parties hereto.
 
The above stated codes, (the seller’s code to be provided by the seller) and any other identification codes shall remain the same and shall not be changed until this transaction including any renewals, extensions and additions are fully completed and we agree to respect those.
 
The transaction code may be amended only by agreement between all parties hereto. This transmission via facsimile will be accepted as an original and I confirm that I have authority to execute this Pay Order. Consultants cannot subpoena to appear in court to testify by any means consultants are not responsible for anything by any means. All responsibility rests on the Principals.
 
Irrevocable Fee Protection / Irrevocable Pay order for Consultant Fees of (2%) of the face value from each and every tranche of this transaction, including any rolls or extensions, to be shared by seller and intermediaries equally as follows:
 
DISCLOSURE OF PAYMASTERS AND CONSULTANTS
 
BUYER “PAYOR” agrees to pay beneficiary fees from below named Bank;
 
ACCEPTED AND AGREED TO BE BG SELLER / PROVIDER:
 
___________________________________Date: Month, 2011

BUYER’S FULL BANKING COORDINATES:
 
BANK NAME: ​
BANK ADDRESS: ​
SWIFT CODE: ​
ACCOUNT NAME: ​
ACCOUNT NUMBER: ​
ACCOUNT OFFICER:
ACCOUNT OFFICER EMAIL: ​
BANK TELEPHONE: ​
BANK FAX: ​
ACCEPTED AND AGREED TO BE BG BUYER:
       
 
AUTHORIZED SIGNATURE:  
 
 

 
Date: ____________ , 2011

Name
:
 
Title,
Company Name
:  
 
 
Passport No.
:
 
Issuing Country
:
 
Issue Date
:
 
Expiration Date
:
 
 
 
 
 
 
 
 
 
SELLER’S MANDATE Commission: ONE PERCENT (1.0%) OF THE TOTAL CONTRACT VALUE   OF EACH AND EVERY TRANCHE OF THE TRANSACTION PAID BY THE BUYER INCLUDING   ROLLOVERS, EXTENSIONS, ADDITIONS AND SECONDARY CONTRACTS:  [CLOSED]
 
Paymaster Name
                                                                                       
Bank Name
 
Account Name
 
Account No.
 
Routing No. (for incoming wires)
 
Bank Address
 
SWIFT Code
 
Bank Officer
 
Bank Phone No.
 
Bank Fax No.
 
Beneficiaries
 
Special Wire Instructions:
ALL TRANSFER INSTRUCTIONS SHALL STATE: FUNDS ARE CLEAN AND CLEAR OF NON- CRIMINAL ORIGIN, AND ARE PAYABLE BY FED WIRE WITHIN ONE BANKING DAY UPON RECEIPT BY PAYMASTER BANK
Required Instructions
ALL WIRE TRANSFERS SHALL INCORPORATE BELOW TEXT MESSAGE AND A COPY OF BANK WIRE TRANSFER SLIP SHALL BE EMAILED TO:___________________  OR LEGAL VERIFICATION AND DOCUMENTATION PURSUANT TO PATRIOT ACT/BANKING REGULATIONS WITH ONE ORIGINAL CONTRACT COPY TO BE FILED WITH BANK.
 
 
 
 
 
 
 
 
BUYER’S CONSULTANTS Commission: ONE PERCENT (1.0%) OF THE TOTAL CONTRACT VALUE   OF EACH AND EVERY TRANCHE OF THE TRANSACTION PAID BY THE BUYER INCLUDING   ROLLOVERS, EXTENSIONS, ADDITIONS AND SECONDARY CONTRACTS TO BE DISTRIBUTED AND PAID AS FOLLOWS:
 
BUYER GROUP 1:   33% of 1% of the total contract value of each and every tranche of the transaction including rolls and extensions
 

  
BUYER GROUP 2:  33% of 1% of the total contract value of each and every tranche of the transaction including rolls and extensions
  
 
 
 
 
BUYER GROUP 3;  34% of 1% of the total contract value of each and every tranche of the transaction including rolls and extensions
 
Paymaster Name
                                                                                       
Bank Name
 
Account Name
 
Account No.
 
Routing No. (for incoming wires)
 
Bank Address
 
SWIFT Code
 
Bank Officer
 
Bank Phone No.
 
Bank Fax No.
 
Beneficiaries
 
Special Wire Instructions:
ALL TRANSFER INSTRUCTIONS SHALL STATE: FUNDS ARE CLEAN AND CLEAR OF NON- CRIMINAL ORIGIN, AND ARE PAYABLE BY FED WIRE WITHIN ONE BANKING DAY UPON RECEIPT BY PAYMASTER BANK
Required Instructions
ALL WIRE TRANSFERS SHALL INCORPORATE BELOW TEXT MESSAGE AND A COPY OF BANK WIRE TRANSFER SLIP SHALL BE EMAILED TO:___________________  OR LEGAL VERIFICATION AND DOCUMENTATION PURSUANT TO PATRIOT ACT/BANKING REGULATIONS WITH ONE ORIGINAL CONTRACT COPY TO BE FILED WITH BANK.
 
 
 
 
 
 
 
 
BANKING INFORMATION
 
 
Even though there is any wording, term and condition in this FPA, when the contract does not complete successfully, the stated PAYMASTER cannot initiate any civil or criminal action, and cannot demand any expenses, charges or costs from the undersigned Buyer. This agreement is effective only when this transaction is successful.
 
This Agreement-Pay order shall be lodged in our bank and a copy from that bank will be forwarded to all beneficiaries.
 
I AGREE TO THE ABOVE IRREVOCABLE PAY PROTECTION AGREEMENT IN ITS ENTIRETY.
 
For and on behalf of the Buyer:
Date: May  XX 2011
 
AUTHORIZED SIGNATURE:  
 
 
 
Name
:
 
Title,
Company Name
:
 
Passport No.
:
 
Issuing Country
:
 
Issue Date
:
 
Expiration Date
:
 
 
 
 
 
 
 
BUYER’S INITIALS:    ​                                                                                      SELLER INITIALS
Page
 
 
 
 
 

3 thoughts on “ABNAMRO FC BG”

  1. WE ARE LOOKING FOR FC BG TO BUY EURO 500M FULLY CASH-BACKED, POF MT799/1CBPO, good price, TOP 25 WEB, NEED FULL PACKAGE FRO THE SELLER TO MOVE FORWARD.NEED URGENT.

    KHINMAUNG
    Email: khinmaungltt@yahoo.com

  2. Dear Sir or Madam,
    We are looking for BG of $ or Euro 100m for funding our investment plan in Sierra Leone. We will monetize the instrument and pay all the fees within 14 days. The issuing bank shall be one of the European or American top banks.
    Kind regards,
    Laurent M. A
    CEO, CANADAF
    e-mail: latumbe@yahoo.ca

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