TRANSACTION Code:
USD-P ’S Code:
EUR-P’S Code:
Memorandum of Understanding (MOU)
EURO
vs. USD $ Transaction – Cash to Cash
Date: 16.May,.2014
I, Mr. ……………………… holder OF PASSPORT No. xxxxxxxxxxx CH as Euro Mandate, in name and on behalf of the
Euro Provider, hereby confirm with full
authority and responsibility under penalty of perjury, that we are ready,
willing and able to exchange our good, clean, clear and free of non-criminal
origin Euro currency against good, clean, cleared and of non-criminal origin
US$ currency. Our
Euro is ready and available to be paid against US$ of the same quality, as per
the following conditions and procedures.
Summarized description of the transaction:
Euro Provider’s Currency
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EURO funds, clean, clear, and
non-criminal origin, free of any liens and encumbrances.
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US$ Provider’s Currency
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US$ funds clean, clear, and
non-criminal origin, free of any liens and encumbrances.
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Amount
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………………………….. USD (……………………
USD) with
possible Roll and Extension
on.
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Exchange method
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Cash to Cash
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Lugano (
EUR`s bank )
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Exchange Rate
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Daily
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First Tranche
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First
ten million USD, further tranches ………………………. ( TBA between Providers )
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Subsequent Tranches
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TBA
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Discount
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US$ discounted 15% Gross, 10% Net to Euro Provider
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Commissions
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2.50 %
2.50 %
Euro side paid by Euro Provider split as follow:
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TTM
- TIME AND DATE:
Date: May,2014
Time
: ……….
1.
Place:
Names of the people at TTM:
US$-Side: Mr………………………………… HOLDER
OF PASSPORT NO. ………………….
PHONE
EURO-Side: Mr. ……………………………………
Phone : .................................................
TRANSACTION PROCEDURE:
1.
In TTM,
scheduled as per heretofore, US$ Provider and Euro Provider/ Mandate will agree: total exchange volume, tranche
size and tranche schedule.
2.
After the TTM the EURO P/M will be accompanied by the USD`s P/M in the EURO`s bank, with the
amount of first tranche of ten million dollar to counting and verification the USD, after which, immediately the USD P/M will counting and verification the EUROs,
with the same procedures.
3.
The transaction can take place directly
after the TTM with the first tranche of ten million dollar
4.
Subsequent tranches will continue, as
per schedule, until all funds are exhausted.
5. Immediately upon each exchange transaction,
consultancy fees will be pay to Paymasters (and from Paymasters to
Beneficiaries & Facilitators), as per instructions in IMFPA hereinafter.
6. BOTH MANDATES/PROVIDERS
GUARANTEE TO PARTICIPATE AT THE MEETING
NON-CIRCUMVENTION/NON-DISCLUSURE:
The parties hereby undertake to honor the terms of the standard
Non-Circumvention/Non-Disclosure Agreement in the ICC 500/600. Each
party nominated and designated into this “Memorandum of Understanding” and
IMFPA hereby agrees not to circumvent or attempt to circumvent any other party
to this or any future transaction for a period of five (5) years from the date
of this Memorandum.
IRREVOCABLE MASTER FEE PROTECTION AGREEMENT
10 MILLION USD with roll and extrnsion
OFFICIAL BONUS FOR EXCHANGE CASH
TO CASH IS 15/10 IN FAVOUR OF THE
.
EURO PROVIDER
QUANTITY IS: 500.000.000,00 € (500 M Euros) with R&E
CONSULTING FEE
STRUCTURE:
BONUS FEES PAID BY THE EURO PROVIDER:
I, Mr. ……………………….. HOLDER
OF THE PASSPORT No. xxxxxxxxxxxxx CH IN THE NAME AND ON BEHALF OF THE EURO, HEREBY CONFIRM WITH FULL
AUTHORITY AND RESPONSIBILITY UNDER PENALTY OF PERJURY FROM INTERNATIONAL LAWS, TO THE PAYMASTER OF THIS TRANSACTION, HEREBY AGREE AND
UNDERTAKE TO MAKE PAYMENT IMMEDIATELY, AND WITHOUT PROTEST ALL FEE PAYMENTS TO
THE BENEFICIARIES LISTED HEREIN, THEIR CONSULTING FEE BE PAID IN EURO OR DOLLARS,
AS CASH, AFTER EACH TRANSACTION OF THE VERIFIED TRANCHE TO THE PAYMASTERS
DESIGNATED HEREIN.
THIS AGREEMENT ALSO REFERS TO ANY
RENEWALS, ROLLS AND EXTENSIONS WITHOUT PROTEST, DELAY, OR COSTS, BY PAYMENT IN
EURO, AS INSTRUCTED BY EACH OF THE PARTIES.
THE FEES (OF THIS DOLLAR CONVERSION) ARE AN IRREVOCABLE PART OF
THIS AGREEMENT AND WILL BE PAID BY THE EUR
PROVIDER (BUYER ) AFTER EACH AND EVERY TRANCHE.
EACH PARTY IN THIS “MOU/IMFPA AGREEMENT” HEREBY AGREES NOT TO
DISCLOUSE AND NOT TO CIRCUMVENT ANY OTHER PARTY TO THIS OR ANY FUTURE
TRANSACTION FOR A PERIOD OF FIVE (5) YEARS FROM THE DATE OF THIS MOU/IMFPA
UNDER THE TERMS OF THE STANDARD NON-CIRCUMVENTION, NON-DISCLOSURE & WORKING
AGREEMENT (NCND&WA) OF THE ICC
500/600 PARIS-FRANCE.
THIS MOU, THE IMFPA AND THE NCND&WA BIND ALL PARTIES, THEIR
AGENTS AND AFFILIATES, AND /OR ASSIGNEES.
A FULLY EXECUTED E-MAIL TRANSMISSION OR FACSIMILE COPY SUPPLIED
SIGNED WILL BE CONSIDERED LEGALLY BINDING AS AN ORIGINAL.
FOR THE TOTAL
TRANCHES EURO Cash to Cash USD
EXCHANGE MODE OF THIS AGREEMENT CONTRACT, THE COMMISSION FEES DUE ARE TO
BE SPLIT AS FOLLOWS:
COMMISSION STRUCTURE:
TOTAL
COMMISSIONS: 5% PAID BY THE
EURO PROVIDER, SPLIT AS
FOLLOWS:
TO BE DISTRIBUTED AS PER THE CONTRACT SIGNED BY THE TWO PROVIDER EUR AND USD.
5%
of the total contract value paid as commission to
EURO and USD side :
A.1)PROVIDER/ MANDATE Euro , CONSULTANT 1.25%
A.2) PAYMASTER EURO/ & intermediaries 1.25%
B. PROVIDER USD 2,50%
FINAL TOTAL
5.00%
LIST OF THE BENEFICIARIES OF EURO PROVIDER
SIDE
A.) EURO
SIDE: 1.25 % of total contract value.
A.1) EURO SIDE:
MANDATE : 1.25% CLOSED
CONSULTING FEES DUE: 1.25% of the Total Face
Value of the Contract, including, but not limited to, all Rolls/Rollovers, all
Extensions, all Add-ons/Additions, all Renewals, all Parallel Contracts and/or
Agreements, all Cancellations and Re-issues and all Third Parties transfers
whatsoever (“Euro Provider & USD Provider” or any other Principals and/or
currency providers whosoever).
FEE DUE:
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1,25% of total contract value
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Paymaster’s Name:
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TBA
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Passport No.:
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Bank Name:
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Representative:
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EURO
MANDATE
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Telephone / Mail:
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Bank Address:
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Account Name:
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Account Number:
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Iban Code:
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SWIFT Code:
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Bank Officer:
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Bank Telephone:
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tba
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Beneficaries
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Euro Mandate & Euro
Representative
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B.1) USD GROUP 2,50% To be distributed total 2.5% of total Contract value
(Two point five percent) of the each
transaction value
PAYASTER/ INTERARDIARIES
FEE DUE:
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2.50% of Total
Contract Value
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Paymaster’s Name:
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Passport No.:
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Bank Name:
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Bank Address:
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Account Name:
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Account Number:
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Iban Code:
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SWIFT Code:
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Bank Officer:
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Bank Telephone:
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Beneficaries
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Annotation
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E-Mail a
notification immediately upon each tranche / transfer payment together with the transaction
code(s): E-Mail:
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A.2) PAYMASTER EURO/ & intermediaries: 1.25 % (One point Two five
percent)of total Contract value
FIRST GROUP: BONUS 1%
of total Contract value CLOSED
FEE DUE:
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1% of Total
Contract Value
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Paymaster’s Name:
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GROUP
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Passport No.:
Date of issue:
Date of expiry:
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Bank Name:
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Representative:
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Telephone / mail:
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Bank Address:
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Account Name:
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Account Number:
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Iban Code:
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SWIFT Code:
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Bank Officer:
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Bank Telephone:
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Beneficaries:
Passport No:
Date of issue:
Date of expiry:
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Annotation
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E-Mail a notification immediately upon each tranche
/ transfer payment together with the
transaction code(s): E-Mail:
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SECOND GROUP:
BONUS 0.25%,of total Contract
value-
FEE DUE:
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0.25% of Total
Contract Value
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Paymaster’s Name:
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Passport No.:
Date of issue:
Date of expiry:
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Bank Name:
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Representative:
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Telephone / mail:
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Bank Address:
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Account Name:
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Account Number:
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Iban Code:
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SWIFT Code:
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Bank Officer:
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Bank Telephone:
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Beneficaries:
Passport No:
Date of issue:
Date of expiry:
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Annotation
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E-Mail a notification immediately upon each tranche
/ transfer payment together with the
transaction code(s): E-Mail:
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Any addendum must be agreed and endorsed by both
parties.
This Memorandum of Understanding & IMFPA binds
all parties, their agents, assigns and/or affiliates.
A fully executed E-mail transmission or facsimile
copy supplied will be considered legally binding as an original
Signature:
Euro Representative:
Passport. :
Date of issue :
Date of Expiry :
Signature:
US$ Mandate: Mr.
…………………….
Passport
No.: ……………………………
# Electronic
signature is valid and accepted as manuscript signature #
EDT (Electronic document transmissions)
EDT (Electronic document transmissions) shall
be deemed valid and enforceable in respect of any provisions of this
Contract. As applicable, this agreement shall:
1-
Incorporate U.S. Public Law 106-229, ‘‘Electronic Signatures in Global and
National Commerce Act’’ or such other applicable law conforming to the UNCITRAL
Model Law on Electronic Signatures (2001) and
2-
Incorporate ELECTRONIC COMMERCE
AGREEMENT (ECE/TRADE/257, Geneva ,
May 2000) adopted by the United Nations Centre for Trade Facilitation and
Electronic Business (UN/CEFACT).
3-
As it’s EDT documents be subject
to European
Community Directive No. 95/46/EEC, as applicable. Either Party may
request hard copy of any document that has been previously transmitted by
electronic means provided however, that any such request shall in no manner
delay the parties from performing their respective obligations and duties under
EDT instruments.
# Electronic signature is valid and accepted as hand signature
#
END OF DOCUMENT