Lease Peterkin LTD-2
Lease Peterkin LTD-2
Lease Peterkin LTD-2
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
DEED OF AGREEMENT
DATE:
TRANSACTION CODE:
This agreement is made and entered into this day XX/XX/2023, by and between the parties
described below:
THE LESSOR
Corporate Name
Mailing Address
Represented By
Designation
Passport No.
Nationality
and
THE LESSEE
Corporate Name
Mailing Address
Represented By
Designation
Passport No.
Nationality
WHEREAS. The Lesse desires to Leasse Standby Letter of Credit (SBLC) from the Lessor.
Lessor confirms with full corporate and legal responsibility that funds available to fulfill the
requirements for Leasing of this instrument is ready and Lesse further confirm to cooperate with
the Lessor.
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
WHEREAS. The Lessor desires to lease, transfer and assign all rights title and interest of the
SBLC available to it to the Lesse. Lessor represents and warrants that it has the ability and
resource to arrange through associates, contracts and sources, with full corporate responsibility,
financial instrument in the term of assignments to be provided to Lesse. Lessor 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 THEREFORE, The Lesse has agreed to Lease the SBLC at 4%+2% of Face Value for
the instrument requested and Lessor has agreed to issue SBLC for Lease and both Parties hereby
agree to the following:
TRANSACTION DESCRIPTION:
4. Age: One Year and One Day (With the option of Rolls and Extension)
7. Payment: MT103
8. Hard Copy: By Bank Bonded Courier within 7 banking days after delivery of
Swift.
TRANSACTION PROCEDURE:
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
1. Lessor and Lessee execute, sign and initiate the Deed of Agreement which thereby
automatically becomes a full recourse Commercial Contract to be lodged by both respective
bank and register for authorization for initiation of SWIFT Transmission of SBLC.
2. Within Two (2) Banking Days after both Parties sign the Agreement, Lessor will submit the
Contract to the Issuing Bank to register for authorization. After which RWA (Ready, Willing
And Able) shall be sent to Lessee's Bank via Bank secure email in order to initiate and engage
the bank-to-bank transaction processing, and a copy cc to Lessee.
3. Lessor willl issue a Corporate Refund Recourse Undertaking duly endorsed by issuing bank
(HSBC) to the Lessee guarantying to refund to the Lessee all cost incurred by Lessee as the
transmission/administrative charges for the transmission of Pre-Advice via SWIFT MT799 or
SBLC via SWIFT MT760 or both after due execution of the contract and in case of failure on the
Lessor's side the Notarized signed and sealed Corporate Refund Recourse Undertaking
guarantees that the Lessor refunds completely the transmission/administrative fees in addition to
a penalty for failure of performance being 1% of the total face value of SBLC.
4. Sequel to confirmation of the RWA (Ready, Willing and Able) and Refund Recourse
Undertaking, Lessee is mandated to pay transmission Charges via MT 103 direct wire transfer to
the tune of USD/EUR 00,000.00 amount appropriated to the required face value directly to the
nominated banking coordinates of the Lessor or via USDT account of Lessor within Three (3)
Banking days.
5. Further to confirmation of the transmission charges paid to the nominated bank account of the
Lessor by the Lessee, Issuing Bank sends SWIFT MT799 Pre-advice/SWIFT MT760 to
Receiving Bank Within Two (2) Banking Days.
6. Within Seven (7) Banking Days, after Receiving Bank confirmation of MT760, Issuing Bank
sends hard copy of the SBLC to Receiving Bank by bonded courier.
7. Lessee will pay off the payment for commission 4% + 2% respectively via MT 103 direct wire
transfer within Seven (7) banking days upon delivery, confirmation and verification of SBLC by
MT760 in the Lessee's nominated Banking Coordinates and SBLC Hard Copy in Lessee's
nominated bank.
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
Should the Lesse default to pay the Leasing price to the Lessor and the brokers commission
fees as agreed after Thirty (30) banking days of confirmation of SBLC MT799/ MT760 in
Lesse's bank account, Lessor will instruct the issuing bank to put a claim on the SBLC
thereby forcing the Lesse's bankers to return the SBLC MT760 to the issuing Bank.
(USD/EURO) (USD/EURO)
1M – 50M 25,500.00
501M – 1B 49,500.00
1B and above (In Tranches of 500M each) (70,000 for each tranches of 500M)
NON-SOLICITATION
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
The Lessee hereby confirms and declares that the Lessor, 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 that can be construed as a solicitation for
this transaction or for future transactions.
FORCE MAJEURE
Any delay in or failure of performance by either party of their respective obligations under
this agreement they shall pay 1% as penalty.
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.
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, the
party will be unable to foresee or prevent or remedy.
ARBITRATION
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 cost,
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.
This agreement contains the entire agreement and understanding 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 and construed in
accordance with the laws of United Kingdom. In the event that either party shall be required to
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
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.
________________ _________
Name:
Designation:
Passport #:
Nationality:
Issue date:
Expiry date:
________________ _________
Name:
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
Designation:
Passport #:
Nationality:
Issue date:
Expiry date:
The Lessor and Lesse agree to the following banking co-ordinates pertaining to the agreement
herein above stated:
Bank Name
Bank Address
Account Name
Account Number
IBAN Number
SWIFT CODE
Bank Officer
Bank Name
Bank Address
Account/Beneficiary Name
Special Instruction
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
Account Number
SWIFT CODE
Bank Name
Bank Address
Account Holder
Account Number
SWIFT CODE
Signatory Name
Bank Name
Bank Address
Account Holder
Account Number
SWIFT CODE
Signatory Name
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
APPENDIX A:
APPENDIX B:
APPENDIX C:
APPENDIX D:
APPENDIX E:
LESSEE‘S CIS
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
APPENDIX F:
LESSOR‘S CIS
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
“EXHIBIT A”
SAMPLE REFUND UNDERTAKING LETTER FOR BANK CHARGES FROM THE PROVIDER
(Text may vary in substance but the essential undertaking must be maintained)
DEAR SIR,
WE HEREBY CONFIRM WITH FULL CORPORATE RESPONSIBILITY UNDER PENALTY OF PERJURY THAT WE
ARE READY, WILLING AND ABLE TO DELIVER A FRESH CUT SBLC FOR TOTAL FACE VALUE OF
$0,000,000.00 (AMOUNT IN WORDS DOLLARS) FROM OUR ISSUING BANK <NAME & ADDRESS OF SBLC
ISSUING BANK>,AS AGREED IN THE DEED OF AGREEMENT TO YOUR BANK COORDINATES WITH
<ACCOUNT NAME & ACCOUNT NUMBER OF SBLC FROM RECEIVING BANK>, WITHIN 48HOURS UPON
CONFIRMATION OF YOUR WIRE TRANSFER OF-----------DEPENDING ON FACE VALUE BEING THE
PRINCIPAL CAHRGES BANK TRANSMISSION, ADMINISTRATIVE AND HANDLING CHARGES TO DELIVER BY
SWIFT MT799 FOLLOWED BY MT760 OR BY DIRECT MT760 TO YOUR NOMINATED BANK ACCOUNT FOR
AUTHENTICATION AND VERIFICATION BEFORE DELIVERY OF HARD COPY VIA BANK BONDED COURIER
SERVICE TO YOUR BANK ADDRESS WHICH IS CONTAINED IN OUR DEED OF AGREEMENT.
LESSEE’S BANKING COORDINATES TORECEIVE STANDBY LETTER OF CREDIT (SBLC) VIA SWIFT MT799
AND MT760.
WE HOWEVER, AGREE TO REFUND IMMEDIATELY TO YOU THE $0,000.00 (AMOUNT IN WORDS DOLLARS)
AT THE END OF THE TRANSMISSION OF MT760 WITHIN 3 BANKING DAYS AFTER PAYMENT OF LEASING
PRICE AS STATED IN THE CONTRACT OR YOU CAN ADJUST THIS AMOUNT WHILE MAKING THE PAYMENT
OF SELLING PRICE. IF OUR BANKER FAILS TO DELIVER TO YOUR BANK ACCOUNT THE ELECTRONIC
COPY OF SBLC VIA SWIFT MT760 WITH 72HOURS UPON CONFIRMATION OF YOUR DIRECT WIRE
TRANSFER PAYMENT FOR THE BANK TRANSMISSION FEES INTO OUR BANK ACCOUNT STATED BELOW, WE
WILL IMMEDIATELY REFUND TOTAL AMOUNT PAID FOR TRANSMISSION FEES INTO YOUR BANK ACCOUNT
IN ADDITION TO A THE PENALTY FOR FAILURE OF PERFORMANCE BEING 1% OF THE TOTAL FACE
VALUE OF BG/SBLC.
WE HAVE GIVEN OUR CORPORATE INSTRUCTION TO OUR ISSUING BANK TO REFUND THE BANK
TRANSMISSION FEES BY LODGING A COPY OF THIS UNDERTAKING ALONG WITH THE CONTRACT. OUR
ISSUING BANK HAS ENDORSED THIS LETTER OF UNDERTAKING AS A TOKEN OF THEIR CONFIRMATION.
LESSOR’S BANKING COORDINATES FOR ISSUING STANDBY LETTER OF CREDIT (SBLC) VIA SWIFT
MT799 AND MT760 (ALSO FOR REFUND).
“EXHIBIT B”
SAMPLE SWIFT MT-799 FROM ISSUING BANK TO LESSE BANK
(Text may vary in substance but the essential undertaking must be maintained)
FROM
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
TO
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
TRANSACTION CODE:
AMOUNT:
CURRENCY
BENEFICIARY
FOR VALUE RECEIVED, WE, ----- {NAME OF ISSUING BANK} -----, AT ----- {FULL BANK
ADDRESS}-----, HEREBY ISSUE OUR IRREVOCABLE, UNCONDITIONAL AND NEGOTIABLE SBLC NO :
--------- IN FAVOUR OF ____________ THE BENEFICIARY XXXXXXXXXX FOR THE AMOUNT OF FIVE
MILLION UNITED STATES DOLLARS {$ 5,000,000.00}, VALID FOR ONE (1) YEAR AND ONE (01) DAYS
AND DUE FOR PAYMENT AT MATURITY ON __________ {1 YEAR + 1 DAY MATURITY DATE FROM ISSUING
DATE} _____________
WE HEREBY IRREVOCABLY AND UNCONDITIONALLY UNDERTAKE TO PAY IN FULL AGAINST THIS SBLC AT
MATURITY, WITHOUT ANY PROTEST, DELAY OR OBJECTION, THE SUM OF FIVE MILLION UNITED STATES
DOLLARS OR US$ 5,000,000.00 TO THE ORDER OF XXXXXXXXXX THE BENEFICIARY’S THE BEARER OR
HOLDER THEREOF AT MATURITY. SUCH PAYMENT SHALL BE MADE FREE AND CLEAR OF ANY DEDUCTIONS
CHARGES, FEES OR WITHHOLDING, UPON RECEIVING BENEFICIARY’S FIRST DEMAND VIA BANK WIRE
SYSTEM ANDSURRENDER OF THIS SBLC NO: -------------- AT THIS BANK AT MATURITY DATE.
THIS SBLC IS CONSTRUED, GOVERNED AND ISSUED IN ACCORDANCE WITH THE RULES, REGULATIONS AND
PRACTICES AS SET FORTH BY THE INTERNATIONAL CHAMBER OF COMMERCE {ICC}, PARIS, FRANCE,
PUBLICATION 500, LATEST REVISION.
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
THIS SWIFT IS OUR VALID AND OPERATIVE INSTRUMENT. NO MAIL CONFIRMATION WILL FOLLOW. ALL
CHARGES ARE FOR THE ACCOUNT OF APPLICANT.
PLEASE CONFIRM YOU ARE READY TO RECEIVE AND FUND THIS BANK INSTRUMENTS WITH GOOD, CLEAN AND
______________________ ______________________
“EXHIBIT C”
SAMPLE SWIFT MT-760 FROM ISSUING BANK TO BUYER BANK
FROM
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
SWIFT CODE:
ACCOUNT NAME:
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
ACCOUNT NO:
TO
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
BANK ADDRESS:
CURRENCY:
ISSUED DATE:
MATURITY DATE:
AMOUNT:
APPLICANT: XXXXXXXXXXXXXX
BENEFICIARY: XXXXXXXXXXXXXX
The parties agree that the commission fees stated are compensation for services rendered and are irrevocably and
unconditionally guaranteed to be paid by the RECEIVER to the agents and intermediaries listed in this DOA by wire
transfer simultaneously with the RECEIVER’s payment of 4% of the face value of the BG/SBLC as selling fee to
the PROVIDER for every tranche and/or transaction of the *BG/SBLC. The commission fees will be free of legal
impediment and free of any deductions, excluding bank transfer fees, for this and all subsequent transactions
between the parties.
In consideration of the mutual benefits to be derived by the associates or affiliated individuals, agents/brokers
companies, designees, trustees or executors, it is understood and agreed that the parties hereto are mutually desirous
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
of effecting this business transaction in co-operation with one another for their mutual benefit and all signatory
parties agree to abide by the following terms and conditions:
1. Each party agrees that they will not make any contact with, deal with or be involved with individuals,
trader and investor introduced by another signatories without specific permission of the introduced signatory for the
Investor.
2. The signatory agrees to keep confidential the identity of and all contacts so provided by any other
signatories.
3. The parties hereto agree that all commissions or fees as agreed by the parties shall be paid in full at the end
of every transaction.
4. This agreement shall be legally binding on the parties hereto, their principals, employees, representatives,
agents and assigns in all countries of the world.
The parties hereto affirm that in every case they will act with the highest standards of ethics and honesty in all their
dealings.
This agreement shall be respected and honored at all times, unless otherwise mutually agreed upon and any party
will permit no attempt or hint of circumvention.
Each of the above parties agree and understand that any overt or covert action of circumvention prescribed by this
agreement shall be a fraudulent act against the other party and will be subject to judicial action, recompense for
damages, possible punitive damages and injunctive relief imposed by the legal process.
Both parties hereby agree that the agents and intermediaries referred to in this DOA shall be as follows:
TOTAL COMMISSION FEE OF 0.5% + 1.5% OF FACE VALUE IN USD PAID BY THE LESSE TO BE
SHARED EQUALLY AS FOLLOW:
PARTICULARS PAYMASTER
Name
E-mail
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
Bank Name
Bank Address
Account Number
Account Name
SWIFT CODE
Bank Telephone
Beneficiary:
PARTICULARS PAYMASTER
Name
E-mail
20 Collyer Quay 09-01 Singapore,
049319
Phone: +65 2150851145
Email: [email protected]
Website: www.peterkinltd.org
Bank Name
Bank Address
Account Number
Account Name
SWIFT CODE
Bank Telephone
Beneficiary:
This Fee Protection Agreement has been agreed and executed by the undersigned on this day MM/DD/YYYY.
________________________
Name:
Nationality:
Passport #:
Issue date:
Expiry date:
Place of Issue: