KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
TRANSACTION CODE :
CLIENT CODE
:
INVESTOR CODE
:
LETTER OF INTENT / CONTRACT
SUBJECT: LEASE BANK AGREEMENT, for Credit Enhancement Purpose.
PARTY A (LESSOR)
COMPANY NAME
ADDRESS
COUNTRY
REPRESENTED BY
E-mail
Cell
Passport No.
Issued Place
Date of Issue
Date of Exp
: KINGDOM UP HOLDINGS LIMITED
:
:
: DR. EVIE F. LABONG PHD.
:
:
: WW0342337 PHILIPPINE EMBASSY
: PHILIPPINES EMBASSY ABU DHABI
: 27-02-2013
: 27-02-2014
PARTY B (LESSEE)
COMPANY NAME
ADDRESS
:
:
COUNTRY
REPRESENTED BY
E-mail
Skype
Cell
Passport No.
Issued Place
Date of Issue
Date of Exp
:
:
:
:
:
:
:
:
:
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






INSTRUMENT
TEXT
MENU
ISSUING BANK
BENEFICIARY
TERM
AGE
LEASING COST

CONSULTANT FEE

ON BOTH SIDE PARTY “A’ AND PARTY “B”DIRECTLY AND SEPARETELY
WITH MFPA.
LEGAL FEES& SERVICES : THREE HUNDRED THOUSAND (€300, 000.00) EUROS THE FOR LEGAL
FEES AND SERVICES, TO BE PAID TO BAOSH ACCOUNT BEFORE SENDING
MT799.

CONTRACT AMOUNT : € X,XXX,XXX,XXX,XXX.XX (___________________EURO ONLY)
:
:
:
: DEUTSCHE BANK
: KINGDOM UP HOLDINGS LIMITED, Group of Companies
: ONE (1) YEAR AND ONE (1) MONTH
: NEW ISSUE
: FOURTEEN (14%) PERCENT OF FACE VALUE AMOUNTING TO
€X,XXX,XXX,XXX.XXEUROS.
: TWO (2%) PERCENT OF THE FACE VALUE OF THE (BG), AMOUNTING TO
€X,XXX,XXX,XXEUROS, PAID BY THE LESSE TO ALL CONSULTANTS
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL



TRANSACTION
DELIVERY
MODE OF PAYMENT

VALIDITY
: PRE-ADVICE FROM PROVIDER’S BANK FIRST VIA MT799
: MT-760 TO BENEFICIARY’S BANK
: IRREEVOCABLE UNCONDITIONAL BANK PAY
ORDER/UNDERTAKING (WITH SWIFT MT 799) ATTACHED.
: FIVE (5) INTERNATIONAL BANKING DAYS FROM DATE OF ISSUE
OF THIS LOI/ CONTRACT.
PROCEDURES:
1.
Lessee ISSUES A FULL INTAKE PACKAGE IN ENGLISH DULY COMPLETED IN ALL RESPECTS
AND SIGNED WITH LESSEE’S FULL BANKING COORDINATES TO INCLUDE:
1.1
1.2
1.3
1.4
Letter of Intent/Contract (LOI)
Client Information Sheet (CIS)
Irrevocable Master Fee Protection Agreement (IMFPA)
Lessee Signatory and Color Copy of Passport
2.
LESSOR AND LESSEE EXECUTE, SIGN AND INITIAL THIS DEED OF THE AGREEMENT WHICH
HEREBY AUTOMATICALLY BECOMES A FULL COMMERCIAL RECOURSE CONTRACT AND
WILL SUBMIT WITH CIS AND INTERNATIONAL PASSPORT.
3.
AFTER SIGNING THE LEASING AGREEMENT, PRIOR TO THE SENDING OF MT799, THE LESSOR
PAYS FOR THE AMOUNT COVERING THE LEASING LEGAL AND SERVICES FEES AMOUNTING
TO €300,000.00 EUROS (THREE HUNDRED THOUSAND EUROS) FOR THE ISSUANCE OF APPROVED
FORMAT SWIFT MT799. THE LESSEE, RELEASE A SECURITY GUARANTEE OF THREE HUNDRED
THOUSAND EUROS (€300,000.00) WITHIN 3 BANKING DAYS TO BAOSH BANK ACCOUNT TO
REIMBURSE IT COST. LESSOR’S BANK SENDS BANK GUARANTEE (BG) VIA AUTHENTICATED
SWIFT TO LESSEE’S BANK ACKNOWLEDGING CAPACITY TO DELIVER BG VIA
AUTHENTICATED SWIFT MT799 TO LESSEE’S BANK.
4
WITHIN 2 BANKING DAYS OF THE RECEIPT OF THE BANK GUARANTEE (BG) VIA
AUTHENTICATED SWIFT MT 799 FROM LESSOR’S BANK, LESSEE’S BANK AUTHENTICATES
AND VALIDATES BANK GUARANTEE (BG). THE LESSEE CONFIRMS, AUTHENTICATION AND
VALIDATION VIA SWIFT MT 799. THE LESSEE PARTY RELEASES, LESSEE’S AND LESSOR’S
CONSULTANTS COMMISSION, WITHIN 2 BANKING DAYS FROM THE RECEIPT OF THE BANK
GUARANTEE (BG) VIA SWIFT MT 799 FROM LESSEE’S BANK.
5
LESSOR WILL ISSUE AND DELIVER VIA AUTHENTICATED SWIFT MT 760 BANK GUARANTEE
(BG) TO LESSEE’S BANK FOR AUTHENTICATION AND VERIFICATION OF BANK GUARANTEE IN
FAVOUR OF LESSEE’S NOMINATED BANK. UPON AUTHENTICATION AND VALIDATION OF THE
LESSEE BANK, LESSOR’S BANK ISSUE BANK GUARANTEE MT760 TO THE LESSEE DESIGNATED
BANK.
6
WITHIN 5 BANKING DAYS, FROM ITS CONFIRMATION AND VERIFICATION OF THE LESSOR’S
SWIFT MT760 BG, FULL PAYMENT OF 14% WILL BE RELEASED TO THE LESSOR. AFTER
LESSEE’S RECEIPT, CONFIRMATION AND AUTHENTICATION OF THE LESSOR’S BG MT760.
7
THESE PROCEDURES OF COMMITMENT TO PERFORM AND PAY ARE DETAILED IN “ANNEX A”
AS INTEGRAL PART OF THIS LOI/CONTRACT. SIMULTANEOUSLY, ON COMPLETION OF EACH
AND EVERY TRANCHE, PARTY “B” TO TRANSMIT THE AGREED TWO (2%) CONSULTANTS FEES
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
DIRECTLY TO THE DESIGNATED PAYMASTERS INVOLVED IN THIS TRANSACTION AS PER THE
MFPA WITHOUT ANY DELAY.
8
9
WITHIN 5 BANKING DAYS OF CONFIRMATION OF THE RECEIPT OF PAYMENT OF THE
LEASING FEES, THE LESSOR WILL DELIVER THE HARD COPY OF THE BG MT760 TO THE
LESSEE’S BANK VIA BANK BONDED COURIER.
LESSEE BANK CONFIRMS AND AGREES RETURN OF THE LEASE BANK GUARANTEE (BG) TO
THE ISSUING BANK AT LEAST SEVEN (7) DAYS BEFORE THE DATE OF MATURITY OF THE
BANK GUARANTEE, CLEAR, CLEAN AND FREE OF ALL LIENS AND ENCUMBRANCES,
CHARGES OR THIRD PARTY LIENS OR KEEP IT AND PAY ITS MARKET FACE VALUE TO THE
INVESTOR’S BANK.
LESSEE’S BANKING COORDINATE TO RECEIVE INSTRUMENT:BANK NAME
BANK ADDRESS
ACCOUNT HOLDER
ACCOUNT NUMBER
SWIFT CODE:
BANK OFFICER
BANK TELEPHONE
BANK FAX
BANK SECURED E-MAIL:
LESSOR’S BANKING CO-ORDINATES
BANK NAME :
DEUTSCHE BANK AG
ADDRESS:
THEODOR-HEUSSE-ALLEE 70 60486, FRANKFURT AM MAIN
GERMANY
ABA NUMBER:
TO BE SUPPLIED
SWIFT CODE:
DEUTDEEF
BANK OFFICER:
STEFAN KRAUSE CHIEF FINANCIAL OFFICER AND STEPHAN
LEITHNER LEGAL & COMPLIANCE
PHONE:
TO BE SUPPLIED
FAX:
TO BE SUPPLIED
ACCOUNT NAME:
KINGDOM UP HOLDINGS LIMITED
ACCOUNT NUMBER:
TO BE SUPPLIED
STATEMENT:
1.
WE CONFIRM THAT EACH IS FULLY EMPOWERED LEGALLY QUALIFIED AND DULY TO
EXECUTE
AND DELIVER THIS DOCUMENT AND TO BE BOUND BY ITS TERMS AND CONDITIONS.
2.
WE CONFIRM THAT NEITHER YOU NOR ANYONE ACTING ON YOUR BEHALF HAS
SOLICITED US
IN ANY WAY. WE ALSO CONFIRM THAT THERE HAS BEEN NO OFFER TO BUY OR SELL
SECURITIES, NOR IS THIS LETTER INTENDED TO BE SUCH AN OFFER.
3.
WE ENCLOSED HEREWITH A BANK CONFIRMATION LETTER ATTESTING THAT FUNDS ARE
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
AVAILABLE FOR THE LEASE OF BANK GUARANTEE OF FACE VALUE € X,XXX,XXX,
(____________________EURO). (SPECIMEN COPY ATTACHED).
4.
IT IS AGREED THAT NORMAL INTERNATIONAL STANDARDS OF NON-CIRCUMVENTION
AND NON-DISCLOSURE SHALL BE BINDING UPON ALL OF THE PARTIES TO THE FINAL
CONTRACT FOR THIS PROPOSED TRANSACTION.
5.
THIS LETTER OF INTENT/ CONTRACT IS A FULL RECOURSE COMMERCIAL COMMITMENT
GOVERNED BY THE LAWS OF THE JURISDICTION OF UNITED ARABS OF EMARATES –
COURTS OF DUBAI, AND STANDARDS UNDER ICC REGULATIONS.
6.
THIS LETTER OF INTENT/ CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT FOR
TEN (10) INTERNATIONAL BANKING DAYS FROM THE DATE HEREOF. IT IS HEREBY
UNDERSTOOD THAT IF A SATISFACTORY COUNTERSIGNED LOI/CONTRACT IS NOT
PRESENTED TO US BY THAT DATE, THIS LETTER OF INTENT/CONTRACT SHALL BE NULL
AND VOID AND OF NO FURTHER FORCE AND EFFECT.
7.
THE CONSULTANT FEE SHALL BE PAID BY THE LESSEE TO ALL INVOLVED PAYMASTERS
PRIVATELY AND DIRECTLY FOR EACH AND EVERY TRANCHE IN ACCORDANCE WITH
THE TERMS AND CONDITIONS AS STATED IN A PRIVATE INDEMNITY PAY PROTECTION
AGREEMENT, WHICH IS NOT PART OF THIS CONTRACT.
8.
LIQUIDATED DAMAGES – UPON THE SIGNATORY OF THE LOI/ CONTRACT, SHOULD EITHER
LESSOR OR LESSEE NOT BE ABLE TO PERFORM IN ACCORDANCE WITH THE AGREED AND
SIGNED CONTRACT, THE DEFAULT PARTY SHALL AUTOMATICALLY FACE AND BE LIABLE
A CLAIM OF FIFTEEN (15%) PERCENT FACE VALUE OF LIQUIDATED DAMAGES OF THE
CONTRACT AND IT WILL TAKE EFFECT WITHIN THREE (3) BANKING DAYS FOR PAYMENT
TO BE MADE TO THE INJURED PARTY AND HIS INTERMEDIARIES AS AGREED DAMAGES
WITH NO REQUIRED NOTIFICATIONS ANY KIND.
9.
TO FACSIMILE COPIES OF THIS LETTER OF INTENT/ CONTRACT, WHEN FULLY EXECUTED,
ARE TO BE CONSIDERED ORIGINAL AND BINDING. THIS LETTER OF INTENT/ CONTRACT IS
BINDING TO THE PARTIES UPON ACCEPTANCE.
AGREED AND ACCEPTED BY THE PARTY”B”
Signature: _______________________
Date:
Name:
Passport No.:
Date of Issue :
Date of Expiry:
Country of Issue:
AGREED AND ACCEPTED BY THE PARTY”A”
For and on behalf of
KIN GD OM UP H O LD I N GS LI MI T ED
_____________________________
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
BY: DR. EVIE F. LABONG PHD
VICE-CHAIRMAN
KUHL-GROUP OF COMPANIES
Passport No.: WW0342337
Date of Issue : 27-02-2013
Date of Expiry: 27-02-2014
Country of Issue: PHILIPPINE EMBASSY ABU DHABI
Signatories full Name:
Title:
Nationality:
Passport Number (Country):
Date of Issuance:
Date of Expiration:
DR. EVIE F. LABONG PHD
VICECHAIRMAN
FILIPINO
WW0342337 PHILIPPINE EMBASSY
27-02-2013
27-02- 2014
Attachments:
1. – Letter of Intent/Contract with Full Banking Coordinates (This one)
2. – Client Information Sheet,
3. – Enlarged scanned copy of Signatory’s Passport,
4. – Letter of Indemnity
5. – Accepted Swift Wire Transfer Format
6. – Accepted BG (6-A) Format
7. – Bank Capability Letter.
And a Private Indemnity Pay Protection Agreement for Consultants Fees
CLIENT INFORMATION SUMMARY
In accordance with Articles two (2) through five (5) of the Due Diligence Convention and the Federal
Banking Commission Circular of December 1998, concerning the prevention of money laundering, and
Article 305 of the Swiss Criminal Code, the following information may be supplied to banks and/or other
financial institutions for the purpose of verification of identity and activities of the investing Member, and the
nature and origin of the funds that are to be utilized. All parties have an obligation to respect professional
secrecy and to take all appropriate precautions to protect the confidentiality of the information each holds in
respect of the others’ activities. This legal obligation shall remain in full force and effect at all times.
CLIENT INFORMATION SHEET
Date:
1) Client Name (Signatory):
2) Citizenship:
3) Passport Number:
4) Passport Issue Date:
5) Passport Expiry Date:
6) Date of Birth:
7) Home Address:
8) Home Fax Number:
9) Home Telephone Number:
10) Mobile Phone Number:
11) Email Address:
Skype Id :
12) Business Name:
Business Address:
13) Registered Office:
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
14) Business Fax Number:
15) Business Phone Number:
16) Email Address:
Website Address:
17) Bank:
18) Branch and Branch Address:
19) Bank Officer’s Name:
20) Telephone Number(s)
21)Fax Number:
22) Account Name:
23) Account Number:
25) Account Signatory:
28) Origin of funds:
Earnings from:
29) Are funds free and clear?
It is agreed that facsimile or Electronic copies of this Client Information Sheet, or any other associated documents to
this transaction, are as valid and legal as delivered originals.
I, Nagula Ravindar, Hereby Swear, under penalty of perjury, the information given above am accurate and true.
Signature: __________________________________
Date:
Name:
Passport No.:
Date of Issue :
Date of Expiry:
Country of Issue:
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
ATTACHMENT # 3: ENLARGED SCANNED COPY OF SIGNATORY’S PASSPORT
ATTACHMENT # 4: LETTER OF INDEMNITY
LETTER OF INDEMNITY
Date:
To: Collateral Lessor
Ref: Our Request for Lease € X,XXX,XXX,XXX.XX (________________________) BG
Dear Sirs:
We make reference to our request to establish a lease Bank Guarantee transferred in our favor through issuing bank
(DEUTSCHE BANK).
We hereby confirm that neither our assignees nor we shall request you, the Applicant and/or the opening bank for
payment described in the Bank Guarantee, namely € X,XXX,XXX,XXX.XX _____________________ Euros,
unless we first cash secure you for an amount equal to the face value of the Bank Guarantee which is over and above
the amount already paid as handling charges and commissions for opening of the said transferred lease Bank
Guarantee in our favor.
It is accepted that this instrument is to be used for credit enhancement purposes only; we cannot sell it in the market
place or discount it. It is understood that we are not to seek any third party Bank confirmations or allow any party to
contact the issuing Bank to verify the authenticity of the instrument within five banking days of receipt. Any such
breach will result in the issuing Bank taking action it deems fit to protect the Applicant and will be at liberty to
declare the said lease Bank Guarantee void or that the instrument is leased and held harmless. This letter is
transferable and assignable.
We further understand and agree that all fees paid as handling charges, issuing fees and commissions for the opening
of the said lease Bank Guarantee are deemed to be earned regardless of any fact.
We also declare and confirm that we will return the said lease Bank Guarantee to the issuing bank at least Seven (7)
days before the date of maturity of the said Bank Guarantee, free of all encumbrances, charges or third party liens.
Our above undertaking is also binding on our successors and/or assignees and anybody else directly or indirectly
involved on our side or the side of the beneficiary and we hold you or your representatives harmless against any
claims which may arise in the matter.
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
AGREED AND ACCEPTED BY THE PARTY”B”
Signature: _______________________
Date:
Name:
Passport No.:
Date of Issue :
Date of Expiry:
Country of Issue:
ATTACHMENT # 5: ACCEPTED SWIFT FORMAT FOR THE PAYMENT
ANNEX 3: SWIFT MT799 PRE-ADVISE OF BANK GUARANTEE
SENDER:
BANK NAME
: DEUTSCHE BANK FRANK FURT, GERMANY
ADDRESS
: THEODOR-HEUSSE-ALLEE 70 60486, FRANKFURT AM
GERMANY
RECEIVER
:
BANK NAME
:
ADDRESS
:
SWIFT CODE
:
ACCOUNT NAME
:
ACCOUNT NUMBER
:
BANK OFFICER
:
REFERENCE
:
FOR THE BENEFIT OF
:
BANK GUARANTEE NO.
:
CURRENCY
:
AMOUNT
:
MAIN
ISSUING BANK
:
ISSUE DATE
MATURITY DATE
EXPIRY DATE
BENEFICIARY
: TO BE SUPPLIED
: TO BE SUPPLIED
: TO BE SUPPLIED
: KINGDOM UP HOLDINGS LIMITED, GROUP OF COMPANIES (GC)
WE, DEUTSCHE BANK, LOCATED AT THEODOR-HEUSSE-ALLEE 70 60486, FRANKFURT AM MAIN
GERMANY, DULY REPRESENTED BY THE UNDERSIGNED OFFICERS, HEREBY CONFIRM WITH FULL
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
BANK RESPONSIBILITY AND LIABILITY THAT ON THE INSTRUCTION OF OUR CLIENT AND BEHALF
OF MONETISER’S, WE ARE READY, WILLING AND ABLE TO ISSUE AND DELIVER, VIA SWIFT
MT760 A BANK GUARANTEE, VALID FOR ONE (1) YEAR AND ONE (1) MONTH, FOR A FACE
VALUE OF _______________________(______________) SUBSTANTIALLY AS PER THE ATTACHED
VERBIAGE, ISSUED IN ACCORDANCE WITH ICC PUBLICATION NO. 458, IN FAVOR OF ____________
BANK, FOR THE BENEFIT OF ACCOUNT NO. ________________ WITH YOU.
WE FURTHER CONFIRM THAT THE SAID BG IS FULLY CASH-BACKED AND IS ASSIGNABLE,
TRANSFERABLE AND UNCONDITIONALLY CALLABLE UPON MATURITY. PLEASE CONFIRM, VIA
SWIFT THE FOLLOWING, PARTY (B) THAT YOU ARE READY TO RECEIVE THE SAID BG ON BEHALF
OF YOUR CLIENT, PARTY (A) THAT THE VERBIAGE AS ATTACHED IS ACCEPTABLE AND THAT YOU
ARE READY TO FUND THE BENEFICIARY ON THIS BANK GUARANTEE (BG).
YOURS FAITHFULLY,
FOR AND ON BEHALF OF
________________________
________________________
AUTHORIZED BANK OFFICER
<NAME, TITLE, PIN CODE>
AUTHORIZED BANK OFFICER 2
<NAME, TITLE, PIN COD
ANNEX 4: MT799 RESPONSE (RWA) TO PRE-ADVICE
PRIORITY: URGENT
MESSAGE OUTPUT REFERENCE:
CORRESPONDENT INPUT REFERENCE:
--------------------------------------------------MESSAGE HEADER---------------------------------------------SWIFT OUTPUT: MT799 MESSAGES IN (AUTHENTICATED FORMAT)
SENDER
:
BANK NAME
: DEUTSCHE BANK
BRANCH ADDRESS
: THEODOR-HEUSSE-ALLEE 70 60486, FRANKFURT AM MAIN
GERMANY
ACCOUNT NAME
: KINGDOM UP HOLDINGS LIMITED
ACCOUNT NO.
: TO BE SUPPLIED
SWIFT
: DEUTDEEF
TELEPHONE NO.
: TO BE SUPPLIED
FAX
: TO BE SUPPLIED
TELEX
: TO BE SUPPLIED
RECEIVER
BANK NAME
BRANCH ADDRESS
ACCOUNT NAME
ACCOUNT NO.
SWIFT CODE
:
:
:
:
:
:
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
TELEPHONE NO.
FAX
TELEX
TRANSACTION REF.
: TO BE SUPPLIED
: TO BE SUPPLIED
: TO BE SUPPLIED
:
-----------------------------------------------MESSAGE TEXT-------------------------------------------------AS ADVISED AND INSTRUCTED BY OUR CLIENT ____________, WE (NAME OF RECEIVING BANK)
HEREBY CONFIRM THAT WE HAVE RECEIVED YOUR SWIFT MT 799 PRE ADVICES WITH
REFERENCE NUMBER___________SENT TO OUR CLIENT __________ WITH ACCOUNT
NO.__________IN THE FACE AMOUNT OF _________ EURO. WE ARE READY WILLING AND ABLE
TO RECEIVE YOUR SWIFT MT 760 WITH BANKING RESPONSIBILITY TO FUND.
THESE FUNDS WILL ONLY BE MADE AVAILABLE VIA MT103 AFTER THE CONFIRMATION AND
VERIFICATION OF THE SWIFT M760 WITHIN THE PROVIDED TIME FRAME.
AUTHORIZED BANK OFFICER 1
AUTHORIZED BANK OFFICER 2
<NAME, TITLE, PIN CODE>
BANK SEAL
<NAME, TITLE, PIN CODE>
ANNEX 5: SWIFT MT760 OF THE BG
MESSAGE STATE: MT760
-------------------------------------MESSAGE TEXT --------------------------------------RECEIVER
BANK NAME
BANK ADDRESS
SWIFT CODE
TELEPHONE NUMBER
FAX
BANK OFFICER 1
DESIGNATION
I.D. NUMBER
BANK OFFICER 2
DESIGNATION
I.D. NUMBER
AMOUNT
ACCOUNT NAME
ACCOUNT NUMBER
SIGNATATORY
BANK GUARANTEE NO.
DATE
DATE OF EXPIRY
BENEFICIARY
AMOUNT
TRANSACTION CODE
SENDER
BANK NAME
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
TO BE SUPPLIED
TO BE SUPPLIED
TO BE SUPPLIED
TO BE SUPPLIED
TO BE SUPPLIED
TO BE SUPPLIED
TO BE SUPPLIED
TO BE SUPPLIED
:
: TO BE SUPPLIED
: TO BE SUPPLIED
: TO BE SUPPLIED
:
:
:
:
: DEUTSCHE BANK
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
BRANCH ADDRESS
ACCOUNT NAME
ACCOUNT NO.
SWIFT
TELEPHONE NO.
FAX
TELEX
: THEODOR-HEUSSE-ALLEE 70 60486, FRANKFURT AM
MAIN GERMANY
: KINGDOM UP HOLDINGS LIMITED
: TO BE SUPPLIED
: DEUTDEEF
: TO BE SUPPLIED
: TO BE SUPPLIED
: TO BE SUPPLIED
-------------------------------NARRATIVE MT760 SWIFT ----------------------------------*** APPLICANT
: KINGDOM UP HOLDINGS LIMITED.
*** BENEFICIARY
: TO BE SUPPLIED
***ACCT NO
: TO BE SUPPLIED
*** ASSET
: BANK GUARANTEE
*** BG NO.
: TO BE SUPPLIED
*** ISSUE DATE
: TO BE SUPPLIED
*** EXPIRY DATE
: TO BE SUPPLIED
*** INTERBANK ISIN
: TO BE SUPPLIED
*** CUSIP
: TO BE SUPPLIED
*** EURO ID
: TO BE SUPPLIED
*** DTC ACCOUNT
: TO BE SUPPLIED
*** AMOUNT
: €100,000,000.00 (ONE HUNDRED MILLION EUROS)
-----------------------------------------------------------------------------------------------------------TRN REF 20
: TO BE SUPPLIED
RELATED REFERENCE 21
: TO BE SUPPLIED
MT/ DATE / ORIGIN 142
: MT/760 (______DATE_________) COUNTRY.
FOR THE VALUE RECEIVED, WE, DEUTSCHE BANK NAME XXXX, ADDRESS, THEODOR-HEUSSEALLEE 70 60486, FRANKFURT AM MAIN GERMANY COUNTRY GERMANY. WITH FULL BANK
RESPONSIBILITY HEREBY IRREVOCABLY AND UNCONDITIONALLY, WITHOUT PROTEST OR
NOTIFICATION PROMISE TO PAY AGAINST THIS BANK GUARANTEE IN FAVOR OF MONETISER’S
COMPANY NAME OR THE BEARER AND/OR HOLDER THEREOF, THE SUM OF
________(___________EUROS) AT FIRST DEMAND, UPON PRESENTATION AND SUBMITTION OF THIS
BANK GUARANTEE, AT OUR COUNTERS, ON MATURITY DATE, AND NOT LATER THAN FIFTEEN
DAYS AFTER THE MATURITY DATE.
SUCH PAYMENT WILL BE MADE WITHOUT SET-OFF AND SHALL BE FREE AND CLEAR OF ANY
DEDUCTIONS, CHARGES, FEES, OR WITHOUT HOLDING OF ANY NATURE, NOW OR HEREAFTER
IMPOSED, LEVIED, COLLECTED, WITHHELD OR ASSESSED BY THE GOVERNMENT OF THE
COUNTRY OF THE ISSUING BANK, OR ANY POLITICAL SUBDIVISIONS OF AUTHORITY THEREOF OR
THEREIN.
WE HEREBY CONFIRM, THIS BANK GUARANTEE IS BACKED BY GOOD, CLEAN, CLEARED MONEY
OF NON-CRIMINAL ORIGIN AND ARE FROM A LEGAL SOURCE. THIS BANK GUARANTEE IS
UNCONDITIONAL, CONFIRMED, IRREVOCABLE, CALLABLE, ASSIGNABLE, DIVISIBLE AND FREELY
TRANSFERABLE, WITHOUT NOTICE OR PRESENTATION TO US AND PAYMENT OF ANY FEES.
THIS BANK GUARANTEE IS SUBJECT TO THE UNIFORM CUSTOMS RULES AND PRACTICE FOR
DEMAND BANK GUARANTEE, UNDER ICC PUBLICATION NUMBER ICC 500, OR LATEST REVISIONS.
THIS BANK GUARANTEE IS OPERATIVE, CONFIRMED AND VERIFIABLE ON A BANK-TO-BANK
BASIS. ALL ISSUING CHARGES ARE FOR THE ACCOUNT OF THE APPLICANT.
FOR AND ON BEHALF OF: XXXXXXXXXXXX
BANK OFFICER (1):
BANK ADDRESS:
BANK NAME: XXXXXXXXXXXXXX
BANK OFFICER (2)
BANK ADDRESS.
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
PIN CODE:
PIN CODE.
TITLE OR POSITION
TITLE OR POSITION.
(-) END OF MESSAGE
*******************************MESSAGE TRAILER ***************************
(-) END OF TRANSMISSION
ANNEX 6: SWIFT MT103 PAYMENT
S.W.I.F.T. MT103
:
NOTIFICATION
:
DELIVERY STATUS
:
PRIORITY / DELIVERY
:
MESSAGE INPUT REFERENCE :
------------------------------------------ MESSAGE HEADER-------------------------------------------------
SWIFT INPUT: MT103
SENDER:…………………………………
BANK NAME
BANK ADDRESS
ORDERING CUSTOMER
BANK OFFICER
CONTACT NUMBER
E-mail
AMOUNT
ACCOUNT NAME
IBAN NUMBER
ACCOUNT NUMBER
MUR
: DEUTSCHE BANK
: THEODOR-HEUSSE-ALLEE 70
:
:
: TO BE SUPPLIED
: TO BE SUPPLIED
: €x,xxx,xxxx,xxxx(___________ EURO)
: KINGDOM UP HOLDINGS LIMITED, (GC)
:
:
:
RECEIVER:
BANK NAME
BANK ADDRESS
ORDERING CUSTOMER
BANK OFFICER
CONTACT NUMBER
E-mail
AMOUNT
ACCOUNT NAME
IBAN NUMBER
ACCOUNT NUMBER
MUR
: XXXXX BANK
:
:
:
:
:
: xxx00.000.000.00 (xxxxx __________ EURO)
:
:
:
:
-------------------------------------------- MESSAGE TEXT --------------------------------***20: Transaction Reference Number:
***21: Related Reference
:
***23B: Bank Operation Code
: CRED
***32A: Val Date / Currency code/Interbank settled amount
Date: DD/MM/YYYY
Currency: EUR
Amount: Euro € 00 000, 00
***33B: Currency/Instructed Amount
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
Currency: EUR
Amount: Euro €…..00 000, 00
***xxxx: Ordering Customer-Name & Address
*****Account Name
:
*****Account Number
:
***56A: Intermediary Institution
:
***57A: Beneficiary Bank
:
***59: Beneficiary Customer-Name & Address:
***70: Remittance Information
:
***72: Sender to Receiver Information
:
***79: Narrative
:
------------------------------------------------QUOTE----------------------------------------------WE, ………… BANK _____________________ BANK, WITH REGISTERED ADDRESS
AT
_________________________ HEREBY IRREVOCABLY ACKNOWLEDGE WITH OUR
FULL RESPONSIBILITY THAT WE HAVE ISSUED A CASH BACKED BANK SWIFT WIRE
TRANSER FOR THE AMOUNT OF EURO x,xxxx,x,xxxx.(__________________EURO ONLY) IN
FAVOR OF ______________________________________
WE HEREBY CONFIRM THAT THESE FUNDS ARE GOOD, CLEAN AND CLEARED FUNDS OF
NON-CRIMINAL ORIGIN, ARE FROM A LEGAL SOURCE. THIS IRREVOCABLE SWIFT WIRE IS
BINDING FULLY PERFORMED DUE BILL AND IMMEDIATELY CALLABLE FOR CASH
PAYMENT, WE CONFIRM THAT THE PAYMENT SHOULD BE RELEASED IMMEDIATELY.
THIS UNCONDITIONAL, IRREVOCABLE, ASSIGNABLE, TRANSFERABLE AND CALLABLE
SWIFT MT103 WIRE TRANSFER IS VALID FOR SAME DAY PAYMENT, THE DAY OF RECEIPT.
THIS IS AN OPERATIVE INSTRUMENT FOR ON BEHALF OF ……………………………
BANK SUBJECT TO THE INTERNATIONAL REMITTANCE REGULATION ………………. BANK
TO EXTERNAL BANK ACCOUNT PAYMENT, PLEASE ADVICE BENEFICIARY OF FUNDS
TRANSFER OF THE AMOUNT OF EURO …... 100,000,000.00 (ONE HUNDRED MILLION EURO
ONLY).
FOR AND ON BEHALF
…….. BANK
RECORD INFORMATION SWIFT ORDER IS:
BANK OFFICER
TITLE
BANK OFFICER
TITLE
(TEXT MAY VARY ACCORDING TO THE REMITTING BANK'S SWIFT MESSAGE
PROTOCOLS / FORMAT, BUT SHALL BE SUBSTANTIALLY IN INTENT AS ABOVE).
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
PRIVATE INDEMNITY PAY PROTECTION AGREEMENT
Date:
To: Collateral Lessor
Transaction:
Contract Amount:
Invoice Price:
Commission:
Lease a Bank Guarantee for Credit Enhancement Purpose
___ EURO with rolls and extensions
Fourteen (14%) percent Plus Consultants Fees
Total of Two (2%) Percent Face Value paid by the Lessee
This Irrevocable Indemnity Pay Protection Agreement is for LEASING A BANK GUARANTEE (BG). We wish
to enter with the amount of ONE HUNDRED MILLION EUROS only (EURO € 100,000,000.00) in a Form of
Bank Guarantee (BG) issued by Top 25 Western European or U.S. Banks
The undersigned (“Lessee”) does hereby indemnity guarantee with full individual or corporate responsibility and
authority under penalty of perjury to provide indemnity pay protection of TWO (2%) PERCENT Face Value of the
Contract Amount and to be split equally between the Lessor side, the Lessee side AND The legal consultant, of each
and every tranche of the transaction described above including all rolls and extensions thereof payable to the
Paymasters/ Beneficiaries named herein, without protest or deal, such payment shall be wire transferred less any
bank charges for the said expense and free of all local and national taxes and liens to the extent legally permissible.
This payment order is irrevocable, unchangeable, unconditional, divisible and transferable. This instruction is valid
for all rollovers, extensions, renewals or additions to the above referenced transaction, and any new
contracts or transactions between Lessee and Lessor, for a period of ONE (1) YEARAND ONE (1) MONTH.
Lessee’s bank will be instructed to wire transfer accrued sums for each transaction immediately to the bank account
nominated here or otherwise provided by the beneficiaries. In the event that a death occurs of any intermediary,
consultant, and/or individual being compensated on this agreement that proceed will be designated to their
beneficiaries.
A. FIFTY PERCENT of TWO (2%) Percent equal to 1 % to
Lessor side Consultant and his Associates (closed)
Paymaster: __________________
Bank Name :
Address:
Swift Code:
Account Name:
Account Number:
Beneficiaries:
1. –
B. FIFTY PERCENT of TWO (2%) Percent equal to 1 % to
Lessee side Consultant 1% and his Associates. (CLOSED)
Paymaster: _________________________________________________
Bank Name :
Address:
Swift Code:
Account Name:
Account Number:
TBA
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
Iban Code:
Each Paymaster Pays Their Own Finders Fees To His Associates.
BANKING CO-ORDINATES OF PAYER BANK:
BANK NAME
BANK ADDRESS
ACCOUNT HOLDER
ACCOUNT NUMBER
SWIFT CODE:
BANK OFFICER
BANK TELEPHONE
BANK FAX
BANK
MAIL:
SECURED
E-
The Lessee Mr. (NAME) agrees to act as the Master Paymaster for all three sides to this agreement.
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 communication shall clearly reference the transaction code, the Lessor’s code and the Lessee’s code
referred to herein.
Should a contract be signed between the Lessor and Lessee, A Bank Endorsed Indemnity Pay Protection
Agreement will be issued to the paymaster of each side, followed by a SWIFT wire transfer to the Paymaster’s
Account, when payment for the bank instrument is completed.
For and on behalf of:
Title:
Passport No.:
By:_________ ______________
Signature
Signatories full Name:
Title:
Nationality:
Passport Number (Country):
Date of Issuance:
Date of Expiration:
AGREED AND ACCEPTED BY THE LESSEE
For and on behalf of
Signature: _______________________
Date:
Name:
KUHL<>LEASING CONTRACT AGREEMENT<>KUHL
Passport No.:
Date of Issue :
Date of Expiry:
Country of Issue:
------------------------------------END OF THE AGREE