備用信用證租單協(xié)議(英文)

1、精選優(yōu)質(zhì)文檔-傾情為你奉上精選優(yōu)質(zhì)文檔-傾情為你奉上專心-專注-專業(yè)專心-專注-專業(yè)精選優(yōu)質(zhì)文檔-傾情為你奉上專心-專注-專業(yè)Date : xxth Oct 2011This DEED OFAGREEMENT （DOA） is made and entered into on . of . in 2011 between the parties described belowThe Provider: Address: Represented by: Nationality: Passport Number: Email address:Mobile No.：(Hereinafter to t

2、he Provider on one part) （以下稱“Provider”）And The Lessee: Address: Represented by: Nationality: Passport Number: Email address: Mobile number: (Hereinafter to the Lessee on the other part) WHEREAS, the Parties, aware of their respective obligations hereto mentioned have entered into this Agreement, ob

3、ligate and bind themselves legally under warranty and manifest with full personal and legal responsibilities that they are capable and financially stable to enter into this agreement and discharge their obligations with commitment to deliver performance in accordance with the terms and conditions he

4、rein obtained in this agreement.The Lessee desires to lease SBLC from the Provider. Lessee confirms with full corporate and legal responsibility that funds available to fulfill the requirements for the lease of this instrument is ready and Lessee further confirm to cooperate with the Provider.WHEREA

5、S. The Provider desires to lease, transfer and assign all rights title and interest of the BG available to it to the Lessee. Provider represents and warrants that it has the ability and resource to arrange through associates, contracts and sources, with full corporate responsibility, financial instr

6、ument in the term of assignments to be provided to Lessee. Provider hereby declares under penalty of perjury that the SBLC will be backed by funds that are good, clean, clear, and free of non criminal origin, the SBLC will be free and clear of all liens, encumbrances and third party interests. NOW T

7、HEREFORE, the Lessee has agreed to lease the SBLC at 8% of Face Value for the instrument requested and Provider has agreed to issue for lease and both Parties hereby agree to the following:Description of Instrument 單據(jù)描述Instrument: Cash backed Stand By Letter of Credit SBLC（Annex A）單據(jù)類型 以現(xiàn)金為抵押的備用信用證S

8、BLC（附件A）Currency : EUR 幣種 歐元3. Age of Issue: Fresh Cut 已開年限 4. Term: One year and One day 有效期限 一年零一天5. Face Value : 10 Million min to 50B 面額 1000萬至500億6. Issuing Bank 7. Lease Fee: Eight percent (8%) of Face Value 費用8%8. Commission: Two (15%) of Face Value 傭金15%9. Delivery Term: By SWIFT MT760 信用證指令

9、 SIWFT MT 76010. Payment Term: By ICBPO via MT799 (Annex B) 11. Hard Copy: By Bank Bonded Courier SBLC正本 銀行傳輸渠道 電子打印版本 由銀行TRANSATION PROCEDURE 交易手續(xù)：Lessee signs and submits the Agreement (DOA) with full banking details along with CIS, Certificate of Incorporation, Board Resolution, Signatory passpor

10、t copy and IFPA to Provider. 租證方簽署本協(xié)議并附上全部銀行信息提交給Provider，同時應(yīng)一并提交CIS（客戶信息表） 、公司營業(yè)執(zhí)照、董事會決議和簽名護照復(fù)印件。Provider countersigns the Agreement and returns it to the Lessee along with Providers full banking information, Certificate of Incorporation, Signatory passport copy, which makes the Agreement become a

11、full commercial recourse and legal contract binding on the parties and both parties lodge the contract with respective bank開證方在確認接證方又能力接證后會簽回該文檔并附上開證的銀行資料 公司執(zhí)照 以及簽署者的護照信息。當(dāng)雙方都簽署了該協(xié)議后，該協(xié)議將具有法律約束，具有完整的商業(yè)追索合約。同時該協(xié)議會轉(zhuǎn)給銀行作為存底。Within 3 banking days upon receipt of the countersigned DOA, the Lessee shall i

12、nstruct his bank to issues a ICBPO（Annex B）by MT799 to the Providers designated bank account for leasing fee of 8% of face value of bank instrument of First tranche在收到經(jīng)會簽的本協(xié)議的三個銀行工作日內(nèi)，租證方指示其銀行開出MT799格式的ICBPO（附件B），用以面額8%的首筆配款租金。Within 3 banking days after receipt and verification of the ICBPO, Provid

13、er will instruct his issuing bank to issue and deliver the Bank Instrument (Annex A) by SWIFT MT760 in favor of the Lessee or his designated party to Lessees receiving bank for verification and Authentication.經(jīng)確認收到ICBPO后的三個銀行工作日內(nèi)，Provider應(yīng)指示其開證行開出并郵寄以租證方或租證方指定的某一方為受益人的SWIFT MT760備用信用證給租方接證行，供驗證并確認。W

14、ithin 5 banking days upon receipt ,verification & authentication and validation of MT760 Bank Instrument on bank to bank basis, Lessee bank will effect full payment 8% leasing fee to Providers designated bank account by Swift wire as per ICBPO and pays 2% commission into respective paymaster as per

15、FPA. 在收到了MT760的5個銀行工作日后依據(jù)有關(guān)協(xié)議付款。Within 7 banking days after receipt of payment of the leasing fees and commission, the Provider bank will deliver the hard copy of the Bank instrument to the Lessees bank by bank bonded courier.在收到有關(guān)款項的7個工作日內(nèi)，銀行用銀行快遞將SBLC正本送到接證方銀行。Should Lessee fails to pay the 8% lea

16、sing fees and 2% commission within allowed time stipulated in the Agreement after confirmation of SBLC MT760 in Lessees bank account, Provider will instruct the issuing bank to put a claim on the Bank Instrument thereby forcing the Lessees bank to return the Bank Instrument MT760 to the issuing Bank

17、.如果有關(guān)費用，開證方會授權(quán)起銀行將該SBLC撤銷。Unauthorised Bank Commmu你才同：Neither party is allowed to probe or contact the bank of the other party without authorization written of the party. Any unauthorized contact act is breach of the contract. And the Deed of agreement is considered Void and Null. 任何一方在沒有允許的情況下不能與對方

18、的銀行聯(lián)系。如果在未經(jīng)許可的情況下聯(lián)系，將視為違法，此協(xié)議將被終止。NON-SOLICITATION 禁止招攬The Lessee hereby confirms and declares that the Provider, its associates or representatives or any person or persons on its behalf has/have never ever solicited the Lessee, its shareholders or associates or representatives in any way whatsoever

19、 that can be construed as a solicitation for this transaction or for future transactions. 租證方茲聲明PENALTY 違約責(zé)任Any delay in or failure of performance by either party of their respective obligations under this agreement they shall pay 5% of the transacted face value of the said tranche as penalty. Any d

20、elay 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 cont

21、rol of such party.The term “Beyond the Control of Such Party “Include Lawful order of Government or Authority, Act of War, Rebellion or Sabotage, Fire, Flood, Earthquake or other natural disasters. Any other cause not within the control of such party or which is by exercise of reasonable diligence,

22、the party will be unable to foresee or prevent or remedy.任何一方在履行本協(xié)議項下各自的義務(wù)時，若出現(xiàn)遲延或無法履行，需支付備用信用證面額的5%作為違約金。ARBITRATION 仲裁All disputes and questions whatsoever which arises between the parties to this agreement and touching on this agreement on the construction or application thereof or any account co

23、st, liability to be made hereunder or as to any act or way relating to this agreement shall be settled by the arbitration in accordance with the arbitration laws of the ICC.雙方因本協(xié)議而產(chǎn)生的，或與本協(xié)議之締結(jié)、適用相關(guān)的任何爭端、疑問，以及由此產(chǎn)生的任何銀行賬戶費用和賠償金，均依據(jù)國際商會仲裁法案，通過仲裁解決。This agreement contains the entire agreement and unders

24、tanding concerning the subject matter hereof and supersedes and replaces all prior negotiations and proposed agreements, written or oral. Neither of the parties may alter, amend, nor modify this agreement, except by an instrument in writing signed by both parties. This agreement will be governed by

25、and construed in accordance with the laws of United Kingdom. In the event that either party shall be required to bring any legal actions against the other it enforce any of the terms of this agreement the prevailing party shall be entitles to recover reasonably attorney fees and costs.本協(xié)議包含與合同主旨相關(guān)的全

26、部約定及合意事項。所有先前的協(xié)商意見與提議，無論是口頭的還是書面的，均為本協(xié)議所取代。除非經(jīng)雙方書面的簽署文件同意，任何一方不得對本協(xié)議作出改動、修正或調(diào)整。本協(xié)議受英聯(lián)邦法律之約束并解釋。任何一方若需將另一方訴諸法律，必須完全服從本協(xié)議的全部條款；占優(yōu)一方有權(quán)獲取合理的律師費用補償。For and On Behalf of Lessee 受益人為租證方Signature, Signatories Name: Title: Nationality: Passport NumberCountry of Issuance: Date of Issuance: Expiry Date :Lessee

27、s Banking Coordinates to receive Instrument 接MT760銀行信息Bank Name: Bank Address: Swift Code: Bank officer : Bank Tel: Bank fax : Account Name: Account No.: Lessees Banking Coordinates to pay Fees 開M799銀行信息Bank Name: Bank Address: Swift Code: Bank officer : Bank Tel: Bank fax : Account Name: Account No

28、.: For and on behalf of Provider._Printed Name: Title : Nationality :Passport No: Issue country :Issue date :Expiry Date: Providers Banking Co-ordinates to issue InstrumentBank Name: Bank Address: Account Name ;Account Number:Bank Officer NameSwift Code :Bank Officer Name: Bank Tel :Bank Fax :IBAN/A

29、ccount No.: Sort Code: Lessors Banking Co-ordinates to receive leasing feeBank Name: Bank address: Account Name :Account Number: Bank Officer Name: Bank officer Tel:. Fax:SWIFT Code: ABA Number : Lessees passport copy 護照Providers passport copy 開證方護照Certificate of Incorporation 公司執(zhí)照 Annex B DRAFT S.W

30、.I.F.T. WIRE FORMAT MT799 ICBPOTo:Bank Name: Bank Address : Swift code : Account Name : Account Number : Bank officer Name:From:Bank Name:Bank Address:Account Name:Account No.:Bank Officer Name:Swift Code:Transaction Code:We, (name of the issuing bank and address) on behalf of our client, ,hereby pr

31、esent our Irrevocable, Conditional Bank Pay Order in your favor for the account of your client,.(Clients Name) holding Account NO.for an amount of Euro Million (Euro Million) This Conditional Irrevocable Pay order is a binding payment commitment by us and we hereby guarantee to wire transfer the sai

32、d amount to you in favor of your client within 120 hours of receipt of the bank guarantee via MT760 swift as agreed in the contract. This Conditional, Irrevocable, Divisible, Assignable, Transferable, Callable cash-backed SWIFT wire transfer is valid for 7 banking days from the . Day of , 2011 and u

33、ntil the . day of ., 2011. This is an operative bank instrument and is subject to the Uniform Commercial Code as it relates to bank credit instruments.For and on behalf of bank name. .Bank Officer BankOfficerID No ID No.ANNEX A SBLC VERBIAGE VIA mt760 TO: FM: DATE: RE: IRREVOCABLE STANDBY LETTER OF

34、CREDIT NO._(HEREINAFTER REFERRED TO AS “THE CREDIT”) IN FAVOR OF - FOR NOT EXCEEDING EUR50M. WE HEREBY ISSUE OUR IRREVOCABLE AND UNCONDITIONAL STANDBY LETTER OF CREDIT NO._IN YOUR FAVOR UP TO AGGREGATE AMOUNT OF EUR50,000,000.00 (EUR FIFTY MILLION ONLY) WHICH REPRESENTS AND COVERS THE PRINCIPAL AMOU

35、NT OF INDEBTEDNESS, INTERESTS OCCURRED, TAXES, FEES AND BANKING CHARGES DUE TO YOURSELVES ARISING OUT OF YOUR GRANTING A BANKING FACILITY (THE “FACILITY”) TO CO.LTD (THE “BORROWER”).UPON PRESENTATION OF YOUR AUTHENTICATED SWIFT CLAIM ON OR BEFORE THE EXPIRY DATE OF THE CREDIT TO US CERTIFYING THAT T

36、HE BORROWER FAILED TO PERFORM IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE FACILITY AND THE AMOUNT DRAWN HEREUNDER REPRESENTS AND COVERS THE PRINCIPAL AMOUNT OF UNPAID INDEBTEDNESS, INTERESTS OCCURRED, FEES, TAXES AND YOUR BANKING CHARGES THEREON DUE TO YOU BY THE BORROWER, WE WILL PAY YOU THE

37、 AMOUNT SPECIFIED IN YOUR AUTHENTICATED SWIFT UP TO AND AMOUNT EQUAL TO THIS CREDIT LIMIT WITHIN 5 WORKING DAYS AFTER THE RECEIPT OF THE ABOVE AUTHENTICATED SWIFT.EXCEPT AS EXPRESSLY STATED HEREIN, THIS UNDERTAKING IS NOT SUBJECT TO ANY AGREEMENT, CONDITION OR QUALIFICATION.THIS STANDBY LETTER OF CR

38、EDIT IS VALID UNTIL AND WILL BECOME NULL AND VOID AUTOMATICALLY AFTER THE EXPIRY DATE. CLAIMS HEREUNDER IF ANY, MUST BE RECEIVED BY US ON OR PRIOR TO THE EXPIRY DATE OF THIS CREDIT AT OUR COUNTER.YOU CLAIM MUST BEAR THE CLAUSE “DRAWN UNDER STANDBY LETTER OF CREDIT NO._“WE ENGAGE WITH YOU THAT AUTHEN

39、TICATED SWIFT DRAWN UNDER AND IN COMPLIANCE WITH TERMS OF THIS CREDIT SHALL BE DULY HONORED.MULTIPLE DRAWINGS ARE PERMITTED.THIS CREDIT IS SUBJECT TO THE PROVISION OF THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDIT (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO.600Bank Off

40、icer (1) Bank Officer (2)Title & Pin No. Title & Pin No. CLIENTS INFORMATION SHEET Date: xx Sept. 2011In accordance with Articles 2 (Two) through 5 (Five) of the Due Diligence Convention and the Federal Marketing Commission Circular December 1998, concerning the prevention of money laundering, the f

41、ollowing information may be supplied to Banks and/or other Federal Institutions for purposes of verification. 1. Lessees Name 接證方公司名稱Company Name : Address Business Registration No.: Telephone No. : Facsimile No. : Email Address : 2. For this transaction Represented by: 接正方負責(zé)人信息Nationality : Passpor

42、t Number: . Date of Issue / Expiry:Date of Birth Place of Birth . Address . . Telephone No. .Mobile No. . Facsimile No. .Email Address .3. Legal Counsel: 法律顧問Address : Telephone No. Facsimile No. Email Address :4 .Lessees Banking: 接正方銀行信息Name of Bank . Bank Address . Account Name . Account Number Ac

43、count Signatory : IBAN Number . S.W.I.F.T. Code . Bank Officer / Title .:Telephone No. . . Facsimile No. Email Add : 5. Funds Information: Origin: Funds by : .Amount available for this transaction: . Are funds clean and clear? YES ! 你的資金是否干凈和清潔的 ？ 是的6. Brief Description of Business / Corporate Activ

44、ities: Declaration: I hereby swear under penalty of perjury, that the information provided is both true and accurate. I am the signatory on the aforementioned Bank account. All monies engaged in this transaction are derived from non-criminal origin; and, are good, clean and cleared. The origin of fu

45、nds are in compliance with Anti-Money-Laundering Policies as set forth by the Financial Action task Force (FATF) 6/01.Signed this Sunday, xxth Sept 2011 For and on behalf of Ltd._Signature, Signatories Name: Title: Nationality: Passport NumberCountry of Issuance: Date of Issuance: Date of expiry : B

46、OARD RESOLUTION: Date: xxth Sept. 2011Re: Lending & Borrowing Transaction of Bank Instrument A quorum of directors of _Co., Ltd .( Company Name) (Hereinafter called the Company) with its address at companys office attended in person or by telephone/video conference a Board of Directors meeting which

47、 was duly noticed and held on xxth Sept 2011. A detailed discussion regarding various issues and aspects of this transaction was held to the full satisfaction of the Board members and the following resolutions were unanimously adopted: RESOLUTION: It is resolved that Mr. _ holder of xxxxxxx Passport

48、 No.: _as (director) and authorized Signatory of the company, to arrange the Lease of Bank Instruments (SBLC/BG), in the amount of EUR Million ( x000,000,000.00) with rolls and extensions, RESOLUTION: It is resolved that Mr. _ as (Title) and authorized Signatory of the Company is assigned full authority to instruct, arrange, monitor, execute, manage and