< PT. BARIQI PRATAMA > Jalan. Sukahaji Pe rmai III No. 1 Bandung 40152 - Indonesia Phone: +62 813 9851 ; +62 22 4214 Fax: +62 22 4214 119 Email : [email protected]; [email protected]Date 2 ND September , 2015 DEAR SIR,CAN YOU MONETIZE BANK GUARANTEE WILL BE ISSUE BY SEBERBANK. OUR SUMMARY OF THE CLOSING PROCEDURE AS FOLLOWING:1. SIGNED MONETIZER FUNDING AGAINST BANK GUARANTEE AGREEMENT2. SBERBANK'S sends PRE ADVICE MT-799 SWIFT3. FUNDER/LENDER’S Bank sends MT799 PAYMENT UNDERTAKING4. SBERBANK’S sends SWIFT MT-760.5. DISBURSEMENT BY FUNDER/LENDER'S BANK VIA MT103 SWIFT6. DELIVERY HARD COPY BANK TO BANK NOTE : 1. OUT SIDE CLOSING PROCEDURE ABOVE–REJECTED 2. PLEASE KINDLY INFORM US LTVIF ACCEPTABLE PLEASE SEND US YOUR DRAFT MONETIZER AGREEMENT. LOOKING FORWARD TO HEAR GOOD NEWS FROM YOU. BEST RGDS/H.BUDHI SUKMA GARNA MOBILE : +628122389908–E-mail :[email protected]-------------------------------------------QUOTE------------------------------------------------------ BANK INSTRUMENT DESCRIPTIONInstrument: Bank Guarantee (BG), Fully Cash Backed Note : If you request SBLC we can accept please send us the draftFormat: ICC 458/758, Latest RevisionAge: Fresh Cut/New IssueInterest Rate: Zero COUPONTerm: One (1) year and One (1) dayCurrency: EUROBank Menu: SBERBANK OF RUSSIAContract Amount: Five Hundred Million Euro (€500,000,000.00)First Tranche: One Hundred Million Euro (€100,000,000.00) 2 ND & 3 RD each tranche’s Euro 200mioLTV: 65% + 2% Delivery: 1) 1 ST SBERBANK’S sends Pre-Advice Swift MT-799, 2) LENDER/FUNDER’S Bank sends Payment guarantee Swift MT-799, 3) SBERBANK’S Bank sendsSwift MT-760.
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4) Hard copy of Instrument will be delivered to FUNDER‘S Bank via
Bank Bonded courier within Seven (7) banking days AFTER receipt of
payment to PTBRQ several DESIGNATED ACCOUNTS as per stated at
the Agreement.
Payment: Within Two (2) banking days after receipt and confirmation of
Swift MT-760, LENDER/FUNDER’S ’S Bank will repurchase payment to
PT.BARIQI PRATAMA’S (PT.BRQ) Bank via Swift MT-103 to several
designated banking account coordinate.
TRANSACTION PROCEDURES
1. LENDER/FUNDER’S submits Letter of Intent /Monetize Agreement along with the following:
a. Signatory’s Passport copy
b. Client Information Sheet
c. Corporate Board Resolution
d. Non-Solicitation Statement
e. Company’s Certificate of Incorporation
f. Irrevocable Master Fee Protection Agreement g. Non Circumvention and Non-Disclosure (NCND)
2. PT.BARIQI PRATAMA (PT.BRQ) will countersign the LOI/Monetize Agreement and return it to the
LENDER/FUNDER’S including PT.BRQ full information, the BG Issuing Bank Coordinates, PT.BRQ ’s
Receiving Bank Coordinates as per provided by PT.BRQ and Signatory‘s Passport copy. Once
signed by both the LENDER/FUNDER’S and the PT.BRQ, this LOI/Monetize Agreement thereby
automatically becomes a full commercial recourse contract which both parties shall immediately
lodge with their respective Banks.
3. Within 24 banking hours the Bank Guarantee Issuing Bank/SBERBANK shall send a Swift MT-
799 Pre-Advice to the LENDER/FUNDER’S ’s Bank. (EXHIBIT A) The Pre-Advice will be valid forfour (4) banking days only.
4. Within one (1) to twelve (12) banking hours the PT.BRQ shall send a copy of the Swift MT-799
Pre-Advice to the LENDER/FUNDER for confirmation via email address to :
………………………………………………..
5. The LENDER/FUNDER’S ’s Bank sends a Swift MT-799 PAYMENT GUARANTEE (EXHIBIT B) to
several designated account as per instruction by the PT.BRQ ’s receiving Bank confirming
readiness, willingness and ability to receive and fund the Bank Guarantee to be sent via Swift
MT-760.
6. Within two (2) banking days the Bank Guarantee Issuing Bank/SBERBANK shall send the BankGuarantee via Swift MT-760 (EXHIBIT C) to the LENDER/FUNDER’S Bank. The LENDER/FUNDER’S
Bank then confirms and verifies the Bank Guarantee sent via Swift MT-760.
SWIFT MT-799 IRREVOCABLE PAYMENT GUARANTEE VERBIAGE
PAYMENT UNDERTAKING BY SWIFT MT799 MAY VARY TO:
BANK NAME :
BANK OFFICER :
PHONE NUMBER : FAX NUMBER :
EMAIL :
S.W.I.F.T. CODE :
ACCOUNT NUMBER :
ACCOUNT HOLDER :
FROM:
BANK :
BANK OFFICER :
PHONE NUMBER :
FAX NUMBER :
S.W.I.F.T. CODE :
ACCOUNT NUMBER :
ACCOUNT HOLDER : BY THE ORDER OF :
TRANSACTION CODE :
LENDER/FUNDER’S ’S CODE :
PT.BARIQI PRATAMA’S CODE :
71A Details of Charges :
72 WE, XXXX ADDRESS AT XXXXXXX HEREBY CONFIRM WITH FULL BANK RESPONSIBILITY THAT WE ARE
READY WILLING AND ABLE TO RECEIVE THE BANK GUARANTEE OF ONE HUNDRED MILLION EURO
(€100,000,000.00) ISSUED BY SBERBANK OF RUSSIA VIA SWIFT MT760 TO OUR CLIENT ACCOUNT.
WE, FURTHER HEREBY CONFIRM THAT OUR CUSTOMER, XXXXXXXXXXXX WITH ACCOUNT
NUMBER XXXXXXXXXXXXXX HAS THE CAPACITY TO FULFIL THEIR OBLIGATION ACCORDING TO THE AGREEMENT. APAYMENT FOR THE BG WITH A FACE VALUE OF ONE HUNDRED MILLION EURO (€100,000,000.00) UPON RECEIPT
AND VERIFICATION AND CONFIRMATION OF THE BG BASED ON CONDITIONS AND TERMS OF CONTRACT
WITH TRANSACTION CODE : XXXXXXXXXXX, ,WE WILL ISSUE OUT THE PAYMENT TO THE ACCOUNTS PROVIDED BY
THE OUR CUSTOMER XXXXXXXXXXXX.
THE INSTRUMENT SHALL BE IRREVOCABLE, UNCONDITIONAL, TRANSFERABLE, ASSIGNABLE, DIVISIBLE AND FULLY
GUARANTEED BY THE ISSUING BANK.
WE HEREBY CONFIRM THAT THE FUNDS FOR PAYMENT ARE GOOD, CLEAN AND CLEAR OF NON-CRIMINAL ORIGIN
AND FROM LEGAL SOURCE.
IN THE EVENT THAT THE SAID BANK INSTRUMENT IS NOT DELIVERED WITHIN THREE (3) BANKING DAYS AFTER
ISSUE DATE OF THIS SWIFT AND OR IT IS ISSUED IN THE FORMAT NOT ACCEPTABLE TO US AND OR IT CANNOT BE
SUCCESSFULLY VERIFIED, AUTHENTICATED AND VALIDATED BY US, THIS IRREVOCABLE CONDITIONAL
UNDERTAKING SHALL BE TERMINATED AND BECOME VOID AND NULL IMMEDIATELY AND WITHOUT PRIOR
SWIFT MT-799 IRREVOCABLE PAYMENT GUARANTEE VERBIAGE
PAYMENT UNDERTAKING BY SWIFT MT799 MAY VARY TO:
BANK NAME :
BANK OFFICER : PHONE NUMBER :
FAX NUMBER :
EMAIL :
S.W.I.F.T. CODE :
ACCOUNT NUMBER :
ACCOUNT HOLDER :
FROM:
BANK :
BANK OFFICER :
PHONE NUMBER :
FAX NUMBER :
S.W.I.F.T. CODE :
ACCOUNT NUMBER :
ACCOUNT HOLDER :
BY THE ORDER OF :
TRANSACTION CODE :
LENDER/FUNDER’S ’S CODE :
PT.BARIQI PRATAMA’S CODE :
71A Details of Charges :
72 WE, XXXX ADDRESS AT XXXXXXX HEREBY CONFIRM WITH FULL BANK RESPONSIBILITY THAT WE ARE
READY WILLING AND ABLE TO RECEIVE THE BANK GUARANTEE OF ONE HUNDRED MILLION EURO
(€100,000,000.00) ISSUED BY SBERBANK OF RUSSIA VIA SWIFT MT760 TO OUR CLIENT ACCOUNT.
WE, FURTHER HEREBY CONFIRM THAT OUR CUSTOMER, XXXXXXXXXXXX WITH ACCOUNT
NUMBER XXXXXXXXXXXXXX HAS THE CAPACITY TO FULFIL THEIR OBLIGATION ACCORDING TO THE AGREEMENT. A
PAYMENT FOR THE BG WITH A FACE VALUE OF ONE HUNDRED MILLION EURO (€100,000,000.00) UPON RECEIPT
AND VERIFICATION AND CONFIRMATION OF THE BG BASED ON CONDITIONS AND TERMS OF CONTRACTWITH TRANSACTION CODE : XXXXXXXXXXX, ,WE WILL ISSUE OUT THE PAYMENT TO THE ACCOUNTS PROVIDED BY
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