Uploaded by energet1

AGREEMENTON ASSIGNMEN

advertisement
AGREEMENT №02/II-023-10B
ON ASSIGNMENT OF THE RIGHT OF CLAIM
DATE: 02 February 2023
INTERNATIONAL BROKERS & TRUST GROUP SA (hereinafter referred to as the ORIGINAL
LENDER) represented by MRS. ROBERTA MORATELLO on the one hand, and
_________________(hereinafter referred to as the NEW LENDER) represented by ______________on the
other hand, have entered into this Assignment Agreement (hereinafter referred to as the
Agreement) as follows:
1. SUBJECT OF THE AGREEMENT
1.1. The original creditor transfers to the New creditor, and the new creditor accepts the right of
claim due to the original creditor in the amount of 10 000 000 000,00 (TEN BILLIONS) EURO. and in
this part becomes a creditor under the Agreement on assignment of the right of claim from "02"
February 2023 (hereinafter - This Agreement), concluded between the Initial creditor and
______________on the assignment of the right of claim in the amount of 10 000 000 000,00 (TEN
BILLIONS) EURO to TYGAN (PTY) LTD (hereinafter - the Debitor).
1.2. Under this Agreement, the New Lender receives the right (instead of the Original Lender) to
demand from the Debtor proper performance of obligations under the Basic Agreement BIT-CS1001 22 -100 from “23” January 2022 on assignment of the right of claim, in part of the claim in the
amount of 10 000 000 000,00 (TEN BILLIONS) EURO.
2. CONTRACT PRICE
2.1. Upon assignment of the right of claim under this Agreement, the New Lender shall pay to the
Original Lender a fee in the amount of ____ 000 000.00 (_______ MILLION) EURO.
3. EXECUTION OF THE CONTRACT
3.1. At the time of signing this Agreement, the Initial Lender has transferred to the New Lender all
documents certifying the rights transferred under this Agreement and information that is important
for their exercise under the Main Agreement.
3.2 The New Lender undertakes to pay the remuneration within 24 hours from the moment of
transfer of documents certifying the rights transferred under this Agreement, and information
important for their implementation under the Basic Agreement.
4. LIABILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES
4.1. For late performance of monetary obligations under this Agreement, the guilty Party shall pay a
penalty to the other Party 0.1% of the amount of the Agreement.
The amount of the Agreement is 10,000,000,000.00 (Ten Billion) Euro.
4.2. All disputes related to this Agreement shall be resolved through negotiations between the
Parties.
4.3. If the dispute cannot be resolved through negotiations, it is resolved in court.
5. TERM OF THE AGREEMENT AND OTHER CONDITIONS
5.1. This Agreement shall enter into force upon its signing and shall remain in force until the Parties
have fully fulfilled their obligations under this Agreement.
ORIGINAL LENDER ________
~1~
NEW LENDER_______
5.2. After signing the Agreement, all preliminary negotiations, correspondence, preliminary
agreements and protocols of intent on matters relating in one way or another to this Agreement
shall lose their legal force.
5.3. The assignment of a claim under this Agreement shall not entail any change in the terms of the
Basic Agreement.
5.4. Amendments to this Agreement may be made by mutual agreement of the Parties, which is
formalized by an additional agreement to this Agreement.
5.5. Additional agreements and annexes to this Agreement are its integral parts and have legal force
if they are set out in writing and signed by the Parties or their authorized representatives.
SIGNATURE AND DETAILS OF THE PARTIES
THE ORIGINAL CREDITOR: INTERNATIONAL BROKERS & TRUST GROUP SA
REPRESENTATIVE: Mrs. ROBERTA MORATELLO
POSITION: CEO
PASSPORT Nº: CA34439AM
ISSUING COUNTRY: REPUBLICA ITALIA
ISSUE DATE: 15.11.2017
EXPIRATION DATE: 23.01.2028
DATE OF SIGNATURE: “28” September 2022
_____________________
NEW LENDER:
REPRESENTATIVE:
POSITION:
PASSPORT Nº:
ISSUING COUNTRY:
ISSUE DATE:
EXPIRATION DATE:
DATE OF SIGNATURE
__________________
ORIGINAL LENDER ________
~2~
NEW LENDER_______
PASSPORT COPY ORIGINAL CREDITOR
ORIGINAL LENDER ________
~3~
NEW LENDER_______
ORIGINAL LENDER ________
~4~
NEW LENDER_______
COMPANY REGISTRATION ORIGINAL CREDITOR
PASSPORT COPY NEW LENDER
COMPANY REGISTRATION NEW LENDER
ORIGINAL LENDER ________
~5~
NEW LENDER_______
TRANSACTION PROCEDURE
1. THE ORIGINAL LENDOR AND THE NEW LENDER, Referred TO THE PARTIES, AGREE AND SIGN THIS
AGREEMENT.
2. WITHIN TWENTY FOUR (24) HOURS AFTER SIGNING THIS AGREEMENT, THE ORIGINAL LENDOR
SENDS AN SCREEN COPY OF THE PAYMENT DOCUMENTS (WITHOUT FINAL CODES) CONFIRMING
THE TRANSFER OF THE ORIGINAL LENDER TO THE DEBTOR.
3. WITHIN TWENTY-FOUR (24) HOURS AFTER SCREEN COPIES OF PAYMENT DOCUMENTS ARE
TRANSFERRED, THE NEW CREDITOR SHALL HIS BANK EMPLOYEE CHECK THE ASSET. WHEN THE
ASSET IS POSITIVELY VERIFIED, THE NEW LENDER WILL ISSUE A CORPORATE LETTER
(CORRESPONDING TO APPENDIX 1). TOGETHER WITH THE LETTER, THE NEW CREDITOR MAKES A
PARTIAL PAYMENT IN THE AMOUNT OF 2% OF THE REMUNERATION AMOUNT (WHICH IS EUR
2,000,000.00 (TWO MILLION) EUR)
4. WITHIN TWENTY FOUR (24) HOURS AFTER VERIFICATION OF THE CORPORATE LETTER AND
VERIFICATION OF THE INITIAL PAYMENT, THE LENDER SENDS A SCREEN COPY OF THE PAYMENT
DOCUMENTS WITH THE FINAL CODES.
5. WITHIN THREE (3) HOURS, A NEW OFFICIAL OF THE LENDING BANK CHECKS THE AUTHENTICITY
OF THE FINAL CODES. ON THE RESULT OF THE VERIFICATION, THE NEW CREDITOR ISSUES A
CORPORATE LETTER (CORRESPONDING TO APPENDIX-2).
6. AFTER THE FINAL CODES ARE CONFIRMED WITHIN TWO HOURS, THE NEW CREDITOR PAYS
98,000,000.00 (NINETY EIGHT MILLION) EUROS.
7. CORPORATE LETTERS MUST BE SIGNED WITH A LIVING SIGNATURE AND SCAN.
ORIGINAL LENDER ________
~6~
NEW LENDER_______
8. IN THE EVENT OF BREAKING THE TERMS OF TRANSMISSION OF CORPORATE LETTERS AND THE
TERMS OF PAYMENT, THE ORIGINAL LENDOR INITIATES THE BLOCKING OF THE ASSET AS
UNAUTHORIZED ACCESS.
9. TRANSMISSION OF DOCUMENTS MUST BE CARRIED OUT VIA THE SPECIFIED E-MAIL.
10. THE START OF THE COUNTDOWN TIME UNDER THE TERMS OF THIS AGREEMENT IS THE TIME OF
SENDING THE ELECTRONIC MESSAGE TO THE SPECIFIED E-MAIL ADDRESS.
11. THE PARTIES AGREE THAT THE TRANSFER OF FUNDS UNDER THIS AGREEMENT WILL BE CARRIED
OUT USING THE BANK DETAILS SPECIFIED IN THIS AGREEMENT.
SIGNATURE AND DETAILS OF THE PARTIES
THE ORIGINAL LENDER: INTERNATIONAL BROKERS & TRUST GROUP SA
REPRESENTATIVE: Mrs. ROBERTA MORATELLO
POSITION: CEO
PASSPORT Nº: CA34439AM
ISSUING COUNTRY: REPUBLICA ITALIA
ISSUE DATE: 15.11.2017
EXPIRATION DATE: 23.01.2028
DATE OF SIGNATURE: “28” September 2022
_____________________
NEW LENDER:
REPRESENTATIVE:
POSITION:
PASSPORT Nº:
ISSUING COUNTRY:
ISSUE DATE:
EXPIRATION DATE:
DATE OF SIGNATURE
__________________
ORIGINAL LENDER ________
~7~
NEW LENDER_______
APPENDIX No. 1
SAMPLE CORPORATE LETTER.
On company letterhead
TO: INTERNATIONAL BROKERS & TRUST GROUP SA
ATT: Mrs. ROBERTA MORATELLO
Date: _______
We are _______________represented by DIRECTOR MR. ____________ confirms with full corporate
responsibility that in accordance with the terms of Agreement No. 02/II-023-10B, based on the
provided screen copies of payment documents. We are ready to accept an asset in the amount
of 10,000,000,000.00 (Ten Billion) Euros. This asset meets our requirements.
We also confirm that we guarantee payment in accordance with the terms of Agreement No.
2-2809-22-10, and provide confirmation of the availability of funds for the first tranche, a
screen copy of a bank statement (the date of statement must not be older than two business
days from the date of issue of the letter).
Signature
ORIGINAL LENDER ________
~8~
NEW LENDER_______
APPENDIX No. 2
SAMPLE CORPORATE LETTER.
On company letterhead
TO: INTERNATIONAL BROKERS & TRUST GROUP SA
ATT: Mrs. ROBERTA MORATELLO
Date: _______
We are ________________ represented by DIRECTOR MR. _________, with full corporate
responsibility, confirms that, in accordance with the terms of Agreement No. 02/II-023-10B ,
based on the provided screen copies of payment documents, the codes indicated in these
documents are genuine, and we can use this asset.
(If the codes are not authentic - The codes provided by your company are not accepted by the
system, we provide a screen indicating that the system does not accept the codes. (THE
SHOULD BE A SCREEN INDICATING WHERE THE ENTERED CODES ARE VISIBLE, AND THE
SYSTEM SHOWS "ERROR")
We also provide you with a screen copy of the payment document confirming the payment of
the first tranche.
(IF "ERROR" TRANSLATION IS NOT PRODUCED).
Signature
ORIGINAL LENDER ________
~9~
NEW LENDER_______
BANK DETAILS.
BANK DETAILS ORIGINAL LENDER
COMPANY NAME:
COMPANY ADDRESS:
REPRESENTED BY:
BANK NAME:
BANK ADDRESS:
BANK SWIFT CODE :
ACCOUNT/ IBAN: EURO
ACCOUNT NAME:
PURPOSE OF PAYMENT:
BANK DETAILS NEW LENDER
COMPANY NAME:
COMPANY ADDRESS:
REPRESENTED BY:
BANK NAME:
BANK ADDRESS:
BANK SWIFT CODE :
ORIGINAL LENDER ________
~ 10 ~
NEW LENDER_______
ACCOUNT/ IBAN: EURO
ACCOUNT NAME:
PURPOSE OF PAYMENT:
IN ACCORDANCE WITH AGREEMENT NO. APL16082022
SIGNATURE AND DETAILS OF THE PARTIES
THE ORIGINAL LENDER: INTERNATIONAL BROKERS & TRUST GROUP SA
REPRESENTATIVE: Mrs. ROBERTA MORATELLO
POSITION: CEO
PASSPORT Nº: CA34439AM
ISSUING COUNTRY: REPUBLICA ITALIA
ISSUE DATE: 15.11.2017
EXPIRATION DATE: 23.01.2028
DATE OF SIGNATURE: “02” February 2023
__________________
NEW LENDER:
REPRESENTATIVE:
POSITION:
PASSPORT Nº:
ISSUING COUNTRY:
ISSUE DATE:
EXPIRATION DATE:
DATE OF SIGNATURE
__________________
ORIGINAL LENDER ________
~ 11 ~
NEW LENDER_______
============END OF DOCUMENT=============
ORIGINAL LENDER ________
~ 12 ~
NEW LENDER_______
Download