SBLC DEED OF FINANCE AGREEMENT


SBLC DEED OF FINANCE AGREEMENT

TRANSACTION REF:

 

Date: 30.05.2018

 

This SBLC Deed of Finance Agreement (hereinafter referred to as “Agreement”) is executed without prejudice or conflict of interest, duly understood and signed by both Parties acting at their own accord on маy 30, 18 by and between:

 

THE  BORROWER’S/PARTY A INFORMATION

Corporate Name

PAA CAPITAL GMBH

Mailing Address

Ludwigsplatz 5, 6747 Worms, Germany

Represented By

Cem Wald

Designation

Director

Passport No.

C2ZXN0PLH

Nationality

German

Email Address

cem.wald@paacapital.com

 

Herein named as the "Party A", hereby confirm, with full legal responsibility, under penalty of perjury of law that we are ready, willing and able to deliver the following Bank instrument, under the terms and conditions described below, based on good, clean, clear unencumbered funds of non-criminal origin;

--- AND ---

 

THE LENDER’S/PARTY B  INFORMATION

CORPORATE NAME

BLACK TULIP TRADING CO.

MAILING ADDRESS:

AMMAN JORDAN GARDENS STREET NASSAR BUILDING 82

COMPANY REG. NO:

200152692

REPRESENTED BY:

MOHAMMAD YUSRI THAFER MOSHTHA

 

TITLE:

DIRECTOR

PASSPORT. NO:

T408697

NATIONALITY   

JORDANIAN

DIRECT TEL NO:

 96265522382

DIRECT EMAIL:

 

 

 

Herein named as the "Party B", hereby confirm, with full legal responsibility, under penalty of perjury of law that we are ready, willing and able to fund against the following Bank instrument, under the terms and conditions described below with good, clean, clear, unencumbered funds of non-criminal origin.

Party A and Party B may sometimes hereinafter be referred to individually as a “Party” and collectively as “Parties” or “both Parties”.

WHEREAS, in consideration of the promises and the mutual covenants, warranties, terms and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto declare that they are desirous of entering into this Agreement, whereby Party A agrees to provide to Party B, and Party B agrees to receive from Party A that certain Standby Letter of Credit (the “SBLC”), which is more particularly described in the Specification of Financial Instrument section below. (hereinafter the “Financial Transaction”).

WHEREAS, the Parties are willing to cooperate with each other in this Financial Transaction; Party A acknowledging has arranged via a third-Party provider and guarantor that it has Bond Power to assign SBLC to the Party B on behalf of Party A, and Party B acknowledging that it has its own adequate funds and/or funding facility to fund as agreed the amount agreed herein to Party A.

WHEREAS, Party A confirms and warrants under full legal authority, under penalty of perjury, that the SBLC is (or when issued) will be owned by, or 100% under the control of to use and/or to dispose of at Party A’s sole discretion and that the legal tender funds backing the SBLC are all derived from legal sources and not from any illegal drug traffic or money laundering activities, terrorist group or association and neither from any other criminal activity, and Party A further confirms that such funds are good, clean, clear, of non-criminal origin, having no liens, charges, taxes or encumbrances against them and are freely transferable and provide this indemnification accordingly.

WHEREAS, Party B confirms and warrants under full legal authority, under penalty of perjury, that Party B’s funds are Group owned funds and or 100% under control of Party B’s affiliates / shareholders to use and/or dispose of at Party B’s sole discretion and that the legal tender funds available in Party B’s appointed Bank are all derived from legal sources and not from any illegal drug traffic or money laundering activities, terrorist group or association and neither from any other criminal activity, and Party B further confirms that the funds are good, clean, clear, of non-criminal origin, having no liens, charges, taxes or encumbrances against them and are freely transferable and provide this indemnification accordingly.

WHEREAS, Party A is ready, willing and able to deliver the SBLC and hereby accepts Party B’s willingness to fund the SBLC by issuing and transferring all the rights on SBLC title as beneficiary and any other interest to Party B in accordance with the terms and conditions set forth in this Agreement.

WHEREAS, the Parties hereto declare that each of them has the right to use or choose whatever company assigned for this Financial Transaction and each of them is legally empowered and fully authorized to execute and accept this Agreement and agrees to be bound by its terms and conditions.

WHEREAS, Party B with signature confirms that they have the full authority and control to enter and act in accordance with the contractual obligation and that they are not acting as a broker, Party A, facilitator, consultant or middleman.  Party B will ensure that all payments are paid in United States Dollars into Party A’s provided Bank account.

NOW THEREFORE through amicable consultation and under the principle of mutual trust, equality and reciprocity, the Parties have entered into this Agreement, subject to the following terms and conditions:

  1. BANK INSTRUMENT DESCRIPTION:

INSTRUMENT:             CASH BACKED STANDBY LETTER OF CREDIT (SBLC)-ICC 600 FORMAT

ISSUING BANK:            BANK WINTER

INTEREST RATE:          ZERO PERCENT (0%)

CURRENCY:                 EURO

TOTAL VALUE:             ONE MILLION (1,000,000.00) USD/EURO WITH ROLLS AND EXTENSIONS

TERM:                         A YEAR AND A DAY OR AS AGREED

RECEIVING BANK:        ARAB JORDAN INVESTMENT BANK

SWIFT CODE:               AJIBJOAX

ACCOUNT NO:             226-231193-1-548-0

ACCOUNT NAME:        BLACK TULIP TRADING CO.

SIGNANORY:                MOHAMMAD YUSRI THAFER MOSHTHA

DELIVERY:                   MT 799 PRE-ADVICE / MT 760 and Hard Copy

PAYMENT:                   SWIFT MT 103

AGREED AMOUNT:     FORTY PERCENT (40%)  OF THE FACE AMOUNT OF SBLC

PAYMENT TERM:        NON RECOURSE, 40% WITHIN SEVEN (7) BANKING DAYS OF DELIVERY AND AUTHENTICATION OF THE SBLC.

 

The SBLC is 100% cash-backed with rolls and extensions by mutual agreement of the Parties.

  1. PROCEDURES:
  2. Party B to provide the following confidential KYC documents:
    1.  
    2.  
    3. Board Resolution.
    4. Incorporation Certificate.
  3. Party A to provide the following confidential KYC documents:
    1.  
    2. Board Resolution.
  4. Party A will sign this Agreement first and send it to the Party B for countersignature and both Parties agree that time is of essence in the execution and completion of this Financial Transaction and the Parties confirm to being ready, willing and able to perform the agreed terms and conditions written herein and to act in a timely manner on their implementation
    1. Party B countersigns Agreement and returns a fully executed copy to Party A. This Agreement will then automatically become a full commercial recourse contract.  Both Parties shall lodge the fully executed copy of this Agreement with their respective Banks.
    2. Both Parties have approved the Swift verbiage contained in Appendix A – Appendix C for the MT 799 and /MT 760”.
  5. Following signing of this Agreement, Party A will use Bond Power Assertion to instruct the Applicant and Issuing Bank to issue the “Party A’s Bank MT 799” RWA to the Party B’s Bank, confirming their ability to issue SBLC via the “Party A’s Swift MT 760”. A copy will be sent to the Party B which will include the automatic acceptance report from the receiving Swift terminal.
  6. Within One (1) Banking Day after receipt of the Issuing Bank’s “Party A’s Bank MT 799”, the Receiving Bank will reply with the “Party B’s MT 799” confirming their willingness to receive the SBLC issued by the “Party A’s Swift MT 760”. A copy will be sent to the Party A which will include the automatic acceptance report from the receiving Swift terminal.
  7. Within Three (3) Banking Days after receipt and Authentication of the “Party Bs Bank MT 799” from the Receiving Bank, Party A will instruct the Issuing Bank to issue the “Party A’s Swift MT 760” to Party B’s Bank. A copy will be sent to Party B which will include the automatic acceptance report from the receiving Swift terminal.
  8. Within Seven (7) Banking Days following successful authentication, full clearing and final acceptance of the “Party A’s Swift MT 760”, the Party B’s Bank will release payment for a total of 40% of the face value to Party A by Swift MT 103 Cash Transfer without liens or delays of any kind whatsoever to Party A’s Receiving Bank coordinates listed below. Payment of the 40% will be considered Non-Recourse to Party A.
  9. After first payment has been received from the Party B the Issuing Bank will send the hard copy of the SBLC to the Receiving Bank by Bank to Bank bonded courier
  10. If Party B fails to pay the full Funding amount to Party A, as agreed in this Agreement within the specified number of days following authentication and full clearing of “Party A’s Swift MT 760”, Party A will have the right to terminate the agreement and instruct the Issuing Bank to recall the SBLC. In addition, the Party B will pay the Party A a penalty fee of two percent (2%) of the face value of the SBLC.
  11. These are ‘over-view’ procedures and fine details and any other deviations or adjustments to procedures will be made by mutual agreement of Both Parties and any subsequent tranches that are agreed will follow the same procedures and format.
  12. BANKING INFORMATION:

BANKING COORDINATES AS SPECIFIED HEREIN ARE FINAL AND CANNOT BE AMENDED AFTER EXECUTION OF THIS AGREEMENT.

ALL TRANSFER INSTRUCTIONS SHALL STATE:

“THE REMITTER IS KNOWN TO US. THIS IS DONE WITH FULL BANKING RESPONSIBILITY AND WE ARE SATISFIED AS TO THE SOURCE OF FUNDS TO US.

FUNDS ARE CLEAN AND CLEAR, EARNED FROM FINANCIAL CONSULTING FEES ON COMMERCIAL ENTERPRISES OF NON-CRIMINAL ORIGIN, AND ARE PAYABLE IN CASH IMMEDIATELY UPON RECEIPT BY BENEFICIARY’S BANK RESPONSIBILITY AND WE ARE SATISFIED AS TO THE SOURCE OF FUNDS TO US.”

 

PARTY A’S BANKING CO-ORDINATES FOR ISSUING SBLC SWIFT MT 760:

 

Bank Name

 

Bank Address

 

Account Name

 

Account Number

 

IBAN Number

 

SWIFT CODE

 

Bank Officer

 

Telephone

 

E-Mail

 

 

 

 

PARTY A BANK DETAILS FOR RECEIPT OF PAYMENT:

 

BANK NAME:

Fidor Bank AG

BANK ADDRESS:

Sandstr. 33, 80335 Munich, Germany

ACCOUNT NAME:

PAA CAPITAL GMBH

ACCOUNT NO:

DE32700222000020255498

ABA NUMBER

 

SWIFT CODE:

FDDODEMMXXX

BANK OFFICER:

 

BANK OFFICER TEL:

+49 89 189 085 233

BANK OFFICER EMAIL:

 

SIGNATORY

Cem Wald

 

ALL TRANSFER INSTRUCTIONS SHALL STATE:

THE REMITTER IS KNOWN TO US. THIS IS DONE WITH FULL BANKING RESPOSIBILITY AND WE ARE SATISFIED AS TO THE SOURCE OF FUNDS TO US.

FUNDS ARE CLEAN AND CLEAR, EARNED FROM FINANCIAL CONSULTING FEES ON COMMERCIAL ENTERPRISES OF NON-CRIMINAL ORIGIN, AND ARE PAYABLE IN CASH IMMEDIATELY UPON RECEIPT BY BENEFICIARY’S BANK.RESPOSIBILITY AND WE ARE SATISFIED AS TO THE SOURCE OF FUNDS TO US.

 

 

 

 

PARTY B’S BANK DETAILS FOR RECEIVING RWA EMAIL,  MT 799 and

SBLC MT 760:

The Party B has no right to change the Bank coordinates stated here-under once the contract is executed

 

BANK NAME

:

ARAB JORDAN BANK

BANK ADDRESS

:

AMMAN-SIXTH CIRCLE-ZAHRAN STREET P.O. BOX 8797 AMMAN 11121 JORDAN

SWIFT CODE

:

AJIBAJOAX

ACCOUNT HOLDER

:

BLACK TULIP TRADING CO.

SIGNATORY

 

MOHAMMAD YUSRI THAFER MOSHTHA

ACCOUNT NO.

:

226-231193-1-548-0

BANK OFFICER NAME

:

TAREQ SAYEGH

BANK OFFICER EMAIL

:

Tareq.sayegh@ajib.cpm

BANK OFFICER PHONE / FAX

:

06 5522382

06 5533017

 

 

CO-ORDINATES WHERE PARTY A IS TO SEND NOTICES TO THE PARTY B:

CORPORATE NAME:

 

MAILING ADDRESS:

 

COMPANY REG. NO:

 

REPRESENTED BY:

 

TITLE:

 

PASSPORT. NO:

 

NATIONALITY   

 

DIRECT TEL NO:

 

DIRECT EMAIL :

 

 

 

CO-ORDINATES WHERE PARTY B IS TO SEND NOTICES TO THE PARTY A:

 COMPANY NAME

PAA CAPITAL GMBH

MAILING ADDRESS:

Ludwigsplatz 5, 67547 Worms, Germany

COMPANY REG. NO:

HRB 47362

REPRESENTED BY:

Cem Wald

TITLE:

Director

PASSPORT. NO:

C2ZXN0PLH

NATIONALITY   

German

DIRECT TEL NO:

+49 177 1706645

DIRECT EMAIL :

cem.wald@paacapital.com

 

 

STANDARD TERMS AND CONDITIONS:

  1. HEADINGS: The paragraph headings used in this Agreement are included solely for convenience.
  2. BANK COMMUNICATION: Any unauthorized calls by any party or its representative lawyers to probe or communicate in an improper way to Bank(s) in this transaction shall be prohibited. Any unauthorized contact will be deemed a breach of this Agreement and the Agreement will be terminated.  Bank to Bank communications will be done via SWIFT ONLY.
  3. NON-SOLICITATION: The Parties confirm that this Financial Transaction has not involved any solicitation by any Party, nor by any individual or agent in any way representing any Party, or in any association with any Party.  It is declared that the Parties are fully aware that the specific confidential information and documentation presented is not in any way considered or intended to be a solicitation of funds of any sort, or any type of offering, but is intended for general knowledge and educational purposes only and is not intended for the general public and all materials are for PRIVATE USE ONLY and not for further distribution (unless necessary for the mechanics of this Financial Transaction).  It is affirmed that the information requested and supplied is done out of each Party’s own choice and free will and has not been solicited in any way.  The Parties hereby declare that they are not licensed Security Traders, attorneys, Bank Officers, Government employees or informants, or brokers in any capacity, but are the rightful owners/corporate officers and have full authority for to engage in this Financial Transaction.
  4. IDENTIFICATION CODES: The Parties agree that all documents related to this Financial Transaction shall indicate the “Transaction Codes” as indicated herein and shall not be changed during the term of this Agreement, including all rollovers, renewals, extensions and all additions.
  5. CONFIDENTIALITY: The Parties respect the confidential nature of this Agreement and agree to maintain in strictest confidence the names of the Parties whose identities may become known to one another through either the tendering of documents or assembly of Banking or Government approvals.  The Parties agree to maintain strict confidentiality regarding the documentation for this Agreement and concerning the identities of the Parties directly or indirectly involved in this Financial Transaction.  The Parties agree to and accept the provisions of the International Chamber of Commerce for Non-Circumvention and Non-Disclosure with regards to the Parties involved in this Agreement, and any additions, renewals and third-party assignments with full reciprocation.  All data and information remain the property of the Party who has brought the respective data and information into this Financial Transaction for (5) five years from the date of completion of the contemplated trading, funding and/or the conclusion of the purpose and aims of this Agreement.  Any Party breaching this rule will be liable for any damages resulting from such action, regardless of whether they are committed deliberately or by negligence. In case of breach of this confidentiality clause, the International Chamber of Commerce in Paris, France will be applied to. Any breach of this condition will cause this Agreement to be cancelled if it is still in force at the time of the breach, but the non-defaulting Party’s remedies under this Agreement shall survive such termination.
  6. FORCE MAJEURE: “Force Majeure” is defined as any situation or condition such as acts of God, storms, fire, war, civil war, military action, Government emergency orders, stop-order or strike as well as transportation accident, earthquake, tidal waves, etc. Any delay in or failure of performance by either Party of their respective obligations under this Agreement shall not constitute a breach hereunder or give rise to any claims for damages if, and to the extent that such delays or failures in performance are caused by events or circumstance beyond the control of such Party or any other cause not within the control of such Party or which is by exercise of reasonable diligence, the Party will be unable to foresee or prevent or remedy. The valid Force Majeure clause of the ICC is applied to this Agreement (International provisions of Force Majeure published by ICC).
  7. RESPONSIBILITIES OF THE PARTIES: Any Party is not and shall not be deemed to be a member of any other Party and except for the duties created by this Agreement, does not owe or have any rights or duties that members of a limited liability company owe or have to one another. Any Party agrees to indemnify, defend and hold harmless any other Party, its directors, officers, agents, employees, consultants or intermediaries so that any one Party shall not in any way be responsible or liable for the debts, damages, losses, claims, expenses, obligations (financial, legal or otherwise), or duties of any other Party including without limitation all attorney fees with respect to the Financial Transaction or otherwise. All consultants, agents and intermediaries do not bear any legal liability for false testimony, breach of contract made by the Parties and are not responsible for refunds or recourse and all of the Parties provide this indemnification accordingly. The Parties, respectively, shall be responsible for reporting and filing all required tax returns with the appropriate taxing authorities to which they are subject as a result of their involvement in the Financial Transaction.  No Party shall be responsible or held liable for any tax liability of any other Party.  Once executed, all Parties will act in good faith to perform all of its duties and obligations under this Agreement and all other agreements executed in connection with the Financial Transaction. All Parties will use commercially reasonable efforts to organize and execute for the benefit of the Parties as set out in this Agreement, but do not guarantee the success of the Financial Transaction or results to be expected or derived from the Financial Transaction. Furthermore, all Parties shall not be held liable in the event of a default by the Asset Party A, Issuing Bank, Receiving Bank, Funder or Trader (as applicable). It is the responsibility of the Party receiving a SWIFT Bank to Bank communication at their Bank to verify and authenticate that it has arrived; the sending Party is not in a position to do verification and authentication once it has been transmitted by the sending Bank because the sending Party has no relationship or authority with the receiving Bank.
  8. AGREEMENT ARBITRATION: If a dispute arises under this Agreement, the Parties agree to use their good faith efforts to resolve such dispute by friendly negotiation.  If the dispute proves impossible to settle through friendly negotiations, all disputes arising out of or in connection with the present Agreement shall be finally settled under the rules of arbitration of the International Chamber of Commerce.  The disputed matter will be subject to arbitration by an arbitrator located in LONDON, UK, under ICC rules and regulations and the applicable laws set forth in paragraph 9 below.  The losing Party will pay the arbitration fee.  The award of the arbitrator shall be final and binding on both Parties.
  9. APPLICABLE LAW/LANGUAGE: This Agreement is a full recourse commercial commitment and shall be construed, interpreted and enforced in accordance with the laws of the United KINGDOM, the rules of the International Chamber of Commerce (Paris, France) and the I.C.C. International rules of Banking.  This Agreement is subject to the relevant international laws for any fraudulent action and such actions will be punished by law and said law shall govern the interpretation, enforceability, performance, execution, validity and any other such matters regarding this Agreement.  The language of this Agreement shall be the English language which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Agreement.
  10. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the Parties and all Parties agree that any changes, alterations, additions, or amendments can only be made in writing with the consent of all Parties, and such changes shall be in the form of addendum, which shall be read into and be made a part of this Agreement.
  11. VALIDITY OF PART OF THE AGREEMENT: In the event that part of this Agreement is deemed or held to be invalid, the other provisions of the Agreement shall remain valid and enforceable.
  12. SUCCESSORS AND ASSIGNS: This Agreement, including its terms and provisions, shall survive the completion of the contemplated Financial Transaction, and shall be binding on, inure to the benefit of, and be enforceable by, the Parties’ heirs, legal representatives, agents, members, directors, associates, partners, officers, employees, successors and assigns.  Neither Party may assign or delegate its interest or duties under this Agreement without prior written consent of the other Party.
  13. SUPPLEMENTAL AGREEMENT: Any outstanding issues will be negotiated by all Parties and will be defined with a supplemental agreement.  The supplemental agreement shall be with the same legal effect.
  14. EXECUTION OF AGREEMENT: Each of the Parties to this Agreement represents that it has full legal authority to execute this Agreement that it assumes its own responsibility, that it ensures its own authenticity and that it agrees to be bound by the terms and condition as set forth herein.
  15. NOTICES: All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given if delivered or mailed, first-class, postage prepaid, to the appropriate Party at the Party’s address set forth in this Agreement or to such other address that shall be designated in writing by that Party.
  16. EDT-ELECTRONIC DOCUMENT TRANSMITTAL & COUNTERPARTS: This Agreement may be executed in multiple copies or counterparts, at different times and in different locations, each copy or counterpart, however, being considered an original and binding.  All facsimile or electronic transmittal communications (PDF) relating to this Agreement and which are mutually accepted by the Parties shall be deemed legally binding and enforceable for the duration of this Agreement.
  17. PRIVATE TRANSACTION: This Agreement relates to transactions that constitutes a private purchase and sale of the SBLC conducted between two principal entities as defined by and provided in this Agreement, and as such is not intended to nor shall the transaction(s) contemplated hereunder be interpreted as a securities transaction as defined by the European Securities Act, the United States Securities Act of 1933, the United States Securities Exchange Act of 1934 or any related regulations and amendments thereto or as adopted by the law of any other nation or jurisdiction and do not involve the purchase or sale of securities.

 

 

 

 

 

***** SIGNATURE PAGE *****

 

 

In witness where of the Parties executed this agreement as of the date above written and signed on this day May 30, 2018

 

 

 

 

 

For and On behalf of the PROVIDER                     For and On behalf of the LENDER                                

                                                                                          

                                                                                             

 

        

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix A

LANGUAGE OF OFFICIAL MT 799 TO BE SENT FROM PARTY A BANK

SAMPLE SWIFT MT-799

(Text may vary in substance, but the essential undertaking must be maintained)

 

 

SWIFT INPUT: FIN 799 FREE FORMAT MESSAGE

SENDER: WISMATWWAXXX

RECEIVER: TO BE ADVISED

------------------------MESSAGE TEXT----------------------------

: 20: TRANSACTION REFERENCE NUMBER

DRAFT FOR REVIEW ONLY

: 79: NARRATIVE

PLS RELAY THIS MSG TO:

XXXXXXXXXXXX

SWIFT: XXXXXXXX

ACCOUNT NO.: XXXXXXXXX

ACCOUNT NAME: XXXXXXXXXX

BANK OFFICER: XXXXXXXXX

.

QUOTE

.

BY ORDER OF OUR CLIENTS XXXXXXXXXXXXXXXXXXXX PLEASE INFORM YOUR CLIENT XXXXXXXXXXXXXXXXXXX THAT OUR CLIENT WOULD BE READY WILLING AND ABLE TO ISSUE A BANK GUARANTE (BG) or LETTER OF CREDIT (L/C) or STANDBY LETTER OF CREDIT (SBLC) IN THEIR FAVOUR FOR AN AMOUNT OF USD/EUR 000.000,-- IN CONNECTION WITH XXXXXXXXXXXXXXXXXXXXXXX

.

THIS BG/L/C/SBLC SHALL BE OPENED BY US UPON FULFILMENT OF ALL BANK OBLIGATIONS OF OUR CLIENT TOWARDS US AND RECEIPT OF OUR CLIENT'S WRITTEN AND ACCEPTABLE INSTRUCTIONS AND RECEIPT OF CHARGES FOR THE BG/L/C/SBLC NOT LATER THAN MM-DD-YYYY (TWO WEEKS AFTER ISSUANCE)

.

THIS MESSAGE IS ONLY FOR INFORMATION AND DOES NOT CONSTITUTE ANY OBLIGATION OR LIABILITY FOR OUR BANK.

.

BEST REGARDS,

BANK WINTER + CO.AG

VIENNA, AUSTRIA

.

UNQUOTE

 

 

 

 

 

Appendix B

OFFICIAL BANK MT 799 ANSWER-BACK

(Text may vary in substance, but the essential undertaking must be maintained)

 

TO

BANK NAME:                                      XXXXXXXX

BANK ADDRESS:                                XXXXXXXX

SWIFT:                                                 XXXXXXXX

BANK TEL:                                            XXXXXXXX

BANK EMAIL:                                     XXXXXXXX

BANK OFFICER:                                XXXXXXXX

ACCOUNT NAME:                            XXXXXXXX

ACCOUNT NO:                                   xxxxxxx

ROUTING NUMBER:                        NA

REFERENCE:                                                                       

TRANSACTION CODE:                  ANR-ABDOV-20M-4420

 

SBLC NUMBER:                 XXXXXXXX           ????

 

IN REFERENCE TO YOUR MT 799 INQUIRY – PRE ADVISE OF SWIFT MT 760 CONFIRMATION AND DELIVERY OF STAND BY LETTER OF CREDIT TO BE ISSUED BY YOUR BANK UNDER THE HEREIN REFERENCED CODES, TRANSACTION CODE NO: xxxxxxx  WE, …….BANK, LOCATED AT ………………… …… HEREWITH CONFIRM WITH FULL BANK RESPONSIBILITY AND LIABILITY THAT WE ARE READY, WILLING AND ABLE TO RECEIVE YOUR SWIFT MT 760 CONFIRMATION AND DELIVERY OF STAND BY LETTER OF CREDIT FOR THE BENEFIT AND CREDIT OF OUR CLIENT, …………………, ….. WITH ACCOUNT # ………………..

 

 

YOURS VERY TRULY, FOR AND BEHALF OF: XXXX

 

BANK OFFICER 1                                                                                               BANK OFFICER 2

TITLE (PIN)                                                                                                          TITLE (PIN)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix  C

SWIFT MT760 DELIVERY SBLC

 

 

 

MT760 MESSAGE

FROM

BANK NAME: BANK WINTER UND CO. AKTIENGESELLSCHAFT

BANK ADDRESS: SINGERSTRASSE 10 VIENNA 1010

BANK OFFICER:

TELEPHONE:

E-MAIL ADDRESS:

AMOUNT: EURO 1,000,000.00 (ONE MILLION EURO ONLY)

TO:

BANK NAME:

BANK ADDRESS:

BANK OFFICER:

BANK PHONE:

S.W.I.F.T CODE:

ACCOUNT NAME:

ADDRESS:

BANK OFFICER:

E-MAIL:

.

DATE OF ISSUE: 00/00/2018

DATE OF EXPIRATION: 00/00/2019

PLACE OF EXPIRY: AT OUR COUNTERS, IN VIENNA, AUSTRIA

TRANSACTION CODE:

 

WE, BANK WINTER + CO. AG, VIENNA, AUSTRIA, HEREBY IRREVOCABLY AND UNCONDITIONALLY (EXCEPT AS STATED HEREIN BELOW) WITHOUT PROTEST OR NOTIFICATION PROMISE TO PAY AGAINST THIS STANDBY LETTER OF CREDIT NO. XXXXXX IN FAVOR OF XXXXXXXXXXXXXXXXX, THE OFFICES, (HEREIN AFTER  REFERRED TO A BENEFICIARY) ISSUED BY THE ORDER OF XXXXXXXXXXX (HEREIN AFTER REFERRED TO AS THE APPLICANT), THE SUM OF EUR 1,000,000.00 (ONE MILLION EUROPEAN UNION EUROS) UPON PRESENTATION OF AN AUTHENTICATED COPY OF THIS STANDBY LETTER OF CREDIT AT OUR COUNTERS IN VIENNA, ON EXPIRY DATE I.E.,XX.XX.2019 BUT NOT EARLIER THAN FIFTEEN (15) DAYS BEFORE EXPIRY DATE  ACCOMPANIED BY APPLICANTS CONFIRMATION OF FULFILLMENT OF THE OBLIGATIONS BY BENEFICIARY TOWARDS BUYER/PARTY SENT BY US VIA AN AUTHENTICATED SWIFT TO BENEFICIARY.

.

THIS SWIFT MESSAGE WILL BE ISSUED ONLY, UPON RECEIPT OF  APPLICANTS ACCEPTABLE INSTRUCTIONS AND APPLICANTS FULFILLMENT OF OBLIGATION TOWARDS THE ISSUING BANK.

.

SUCH PAYMENT SHALL BE MADE WITHOUT SET-OFF AND CLEAR OF ANY  DEDUCTIONS, CHARGES, FEES OR WITHHOLDINGS OF ANY NATURE, NOW  OR HEREINAFTER IMPOSED, LEVIED, COLLECTED, WITHHELD OR ASSESSED BY THE  GOVERNMENT OF THE ISSUING BANK OR ANY POLITICAL SUBDIVISION OR AUTHORITY  THEREOF OR THEREIN. THIS SBLC IS NEGOTIABLE, ASSIGNABLE, DIVISIBLE, CALLABLE AND TRANSFERABLE WITHOUT PRESENTATION TO US AND WITHOUT THE PAYMENT OF ANY TRANSFER FEES

.

THIS STANDBY LETTER OF CREDIT IS SUBJECT TO UNIFORM CUSTOMS AND PRACTICE  FOR DOCUMENTARY CREDIT (LATEST REVISION) INTERNATIONAL CHAMBER OF  COMMERCE PUBLICATION NO.: 600

.

THIS IS AN OPERATIVE INSTRUMENT NO MAIL CONFIRMATION WILL FOLLOW.

.

BEST REGARDS,

BANK WINTER AND CO.AG VIENNA, AUSTRIA

+++UNQUOTE+++

 

 

 

 

 

END OF AGREEMENT

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Signed by PAA CAPITAL GROUP
Signed On: May 30, 2018

PAA CAPITAL S.E. https://paacapital.net
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Document name: SBLC DEED OF FINANCE AGREEMENT
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May 30, 2018 5:00 pm CETSBLC DEED OF FINANCE AGREEMENT Uploaded by Cem Wald - contract@paacapital.net IP 91.67.230.15