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TMT Private Agreement Contract
TMT Private Agreement Contract
2021
This private foreign exchange transaction agreement and the eight (8) attached
Annexes
“A - BANK INFORMATIONS”,
”B - THE TRANCHE SCHEDULE”
”C - IMFPA+NCDA”
”D - TRIAL TRANCHE”
“E - E&R CONDITIONS”
“F – REGULAR TRANCHE VOLUME ADJUSTMENT”
“G – ACEPTATIONS”
“H – FULL SIZE SCANED DOCUMENTS”
AND
TMT PRINCIPAL
TMT PROVIDER: TBA
ADDRESS TBA
REPRESENTED BY TBA
PASSPORT NO TBA
(Hereinafter referred to as TMT Principal or TMT-P)
WHEREAS, in consideration of the promises and the mutual covenants, warranties, terms and
conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the undersigned parties agree and state that they wish to enter into this
agreement for the exchange of EURO (EUR) for TMT (TMT) under the following terms and conditions:
This currency exchange transaction is a bank to bank transaction, to be executed via SWIFT or wire
transfer upon banks agreement, according to the following terms, conditions and agreed Bank to Bank
procedure.
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
After EUR-P provides POF and BANK Payment warranty, TMT MOVES FIRST VIA WIRE
TRANFER
Per each 1.000.000, - TMT the EUR-P shall pay the value in UER of
TBA - EUR on the day of each tranche via SWIFT MT103.
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
2. TRANSACTION PROCEDURES:
4 Upon receipt of the EUR Provider bank's SWIFT, the TMT Provider's bank will immediately
issue the transfer of TMT to the EUR Providers bank.
5 Immediately after confirming receipt and authentication of the TMT transfer, the EUR Provider's
bank will send to the TMT Provider's Bank, by Unconditional SWIFT MT103, EUR in the
amount corresponding to the agreed current tranche. Fees/commissions will be paid immediately.
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
for the life of this agreement without written notice given to all beneficiaries of consulting fees
and commissions five days prior to any change.
3 CONSULTANCY FEES:
The EUR-P AS PAYOR OF THE CONTRACT COSULTANT FEES AS,
irrevocably commit themselves to transfer, upon settlement of each tranche exchanged, including
all rolls and extensions, the consultancy fees as follows:
1 EXCHANGE RATE: The exchange rate is agreed by both sides as fixed exchange rate in the
date as of the contract is signed.
3 CODES OF IDENTIFICATION: The Parties to this contract agree that all documents related
to this transaction shall indicate the codes as indicated herein. And, the codes shall not be
changed during the term of this transaction contract, including all rollovers, renewals, extensions
and all additions.
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
5 TAXES, INSTITUTIONAL COSTS: Both Parties hereto individually and separately accept
liability of taxes, imposts, levies, duties or charges that may be applicable in the execution of
their respective roles in this transaction.
6 PENALTY CLAUSE FOR NON-PERFORMANCE: Should any of the Parties herein fail to
perform as required by this contract, once signed, and after the Term of Validity thereof had
expired, then, the failing Party shall indemnify the other Party for an amount of the two [2%]
percent of the total face volume of the contract and two percent of said two [2%] percent shall be
paid and equally distributed, to each of the facilitators that made the introduction of the
signatories possible, if the non-defaulting signatory to the contract files a default claim, if not,
then, the two [2%] percent shall be paid to the facilitators only. The facilitators have the right to
make a legal claim for such amount of two [2%] percent as it applies, of the first regular tranche,
in any court of jurisdiction against the party failing to perform. This condition will be also
applied to the situation if the buyer can't receive the TMT sent form seller because in the contract
buyer provide a incorrect receiving bank account for the TMT currency. The described situation
will be taken as a failure by the buyer.
10 FORCE MAJEURE: The “FORCE MAJEURE” exception clause of the International Chamber
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
of Commerce (ICC Publication No. 421) is hereby incorporated and made an integral part of this
agreement. A Party cannot be held in default if the reason is caused by force Majeure. Case may
be, when executed by both PARTIES.
11 CONTRACT START DATE: is 27.01.2021 - this date will govern the beginning of the first
tranche of the contract. No delay is allowed in this context and the delay will be considered as a
failure of the TMT-P. If the other conditions of the contract are successfully met. Payment for
each tranche must be sent without delay within 24 hours of acknowledging receipt of the tranche
to TMT's bank account belongs to EUR-P. No delay is allowed in this context and the delay will
be considered as a failure of the EUR-P.
12 IN WITNESS WHEREOF, The undersigned have read this document and had advise of its
legality and after understanding the content of this contract written in the English language, by
knowledge of the language or by professional translation to the Party’s language and legal
advice, and initialed all the pages of this contract and, fully understand and agree that its
execution constitutes an acceptance of all of its mutually protective covenants, terms and
conditions, and is lawfully binding upon the “Parties”, and their legal heirs, successors,
representatives and assignees.
13 CANCELATION OF THE AGREEMENT, This agreement can be terminated by both
“Parties” based on mutual agreement. If the mutual cancelations agreement can’t be agreed by
both contract sides – then point 4/6/ of this contact enters into force.
SIGNATORIES:
BY THE EUR PRINCIPAL / AUTHORIZED SIGNATORY:
I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT
THE INFORMATION PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I
HAVE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE
DATE INDICATED BELOW BY THE SIGNATURE.
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
ANNEX “A”
BANK INFORMATIONS
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
SIGNATORIES:
BY THE EUR PRINCIPAL / AUTHORIZED SIGNATORY:
I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
ANNEX “B”
TRANCHE SCHEDULE
THE TRANCHE SCHEDULE (ALL AMOUNTS BELOW ARE IN TMT):
AFTER REGULAR TRANCHE WILL BY PAID BY EUR-P THE NEXT NEW REGULAR
TRANCHE WILL BE SEND BY TMT-P. THE VOLUME FOR EACH REGULAR TRANCHE CAN
BE INCREASED OR DECREASED BASED ON MUTUAL AGREEMENT BETWEEN TMT-P AND
EUR-P. THIS MUTUAL AGREEMENT WILL BE SEND VIA CONTRACT CONSULTANT AND
WILL BE USED DOCUMENT FORM FROM ANNEX “G – REGULAR TRANCHE VOLUME
ADJUSTMENT” .
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
SIGNATORIES:
BY THE EUR PRINCIPAL / AUTHORIZED SIGNATORY:
I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT
THE INFORMATION PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I
HAVE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE
DATE INDICATED BELOW BY THE SIGNATURE.
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
ANNEX “C”
IRREVOCABLE FEE AGREEMENT / PAY ORDER TO FACILITATORS FOR
THE TRANSACTION OF THE
IRREVOCABLE FEE AGREEMENT / PAY ORDER TO FACILITATORS FOR THE
TRANSACTION OF THE
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
BENEFICIARY
BANK INFO
BANK NAME
ADDRESS
SWIFT/ BIC CODE
ACCOUNT
HOLDER/NAME
ACCOUNT
NUMBER EUR EUR
BENEFICIARY
REQUIRED
MESSAGE The SWIFT or CLEARSTREAM text message covering all remittances shall clearly state the
following:
“SAME DAY TRANSFER AND IMMEDIATE CREDIT. REMITTER IS KNOWN TO US. THIS
TRANSFER IS WITH FULL BANKING RESPONSIBILITY AND WE ARE SATISFIED AS TO
THE SOURCE OF THE FUNDS SENT TO US. CLEARED, CLEAN, LIEN FREE AND
UNENCUMBERED FUNDS, EARNED FROM FINANCIAL CONSULTING FEES ON
COMMERCIAL ENTERPRISES OF NON-CRIMINAL AND NON-TERRORIST ORIGINS,
KNOWN EUR PV CODE: *
BENEFICIARY
PASSPORT
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
Beneficiary can change their receiving bank account any time before any future tranche, and EUR-P must respect this change
without delay via Contract Consultant.
BENEFICIARY
BANK INFO
BANK NAME
ADDRESS
SWIFT/ BIC CODE
ACCOUNT
HOLDER/NAME
ACCOUNT
NUMBER EUR
BENEFICIARY
The SWIFT or CLEARSTREAM text message covering all remittances shall clearly state the
REQUIRED following:
MESSAGE
“SAME DAY TRANSFER AND IMMEDIATE CREDIT. REMITTER IS KNOWN TO US. THIS
TRANSFER IS WITH FULL BANKING RESPONSIBILITY AND WE ARE SATISFIED AS TO
THE SOURCE OF THE FUNDS SENT TO US. CLEARED, CLEAN, LIEN FREE AND
UNENCUMBERED FUNDS, EARNED FROM FINANCIAL CONSULTING FEES ON
COMMERCIAL ENTERPRISES OF NON-CRIMINAL AND NON-TERRORIST ORIGINS,
KNOWN EUR PV CODE: *
BENEFICIARY
PASSPORT
Beneficiary can change their receiving bank account any time before any future tranche, and EUR-P must respect this change
without delay via Contract Consultant.
SIGNATORIES:
BY THE EUR PRINCIPAL / AUTHORIZED SIGNATORY:
I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT
THE INFORMATION PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
HAVE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE
DATE INDICATED BELOW BY THE SIGNATURE.
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
BUYER: SELLER:
2
PRIVATE FOREIGN CURRENCY EXCHANGE AGREEMENT TMT 25.1.2021
BUYER: SELLER:
2
ANNEX “D”
THE TRIAL TRANCHE
THE TRIAL TRANCHE:
Both contract sides TMT-P and EUR-P agreed on trial tranche. The bank information’s for this
trial tranche is the same like for standard contract tranche, unless the parties to this contract
agree otherwise.
Amount of TMT for this Trial tranche is 500.000,000, - TMT will be send on EUR-P TMT bank
account ad EUR-P immediately at the same day pay via SWIFT MT103 TBA - EUR and any
type of bank warranty for payment (MT130/72, MT760, etc…) on TMT-P EUR bank account.
Annex “C” is also applying to this tranche. EUR-P provide the POF in volume of the first tranche
before the Trial tranche will be sent by TMT-P.
The goal of this trial transaction is to verify the availability of financial resources, the functionality
of the bank connection, and to build trust.
The trial tranche is a part of the total volume of the contract.
SIGNATORIES:
BY THE EUR PRINCIPAL / AUTHORIZED SIGNATORY:
I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT
THE INFORMATION PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I
HAVE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE
DATE INDICATED BELOW BY THE SIGNATURE.
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
ANNEX “E”
E&R CONDITIONS
Basic rules:
TMT-P and EUR-P agree after original volume of the contract will be exhausted. The both TMT-
P and EUR-P mutually agree to extend the volume of contract up to EIGHT BILLION TMT
(TBA TMT) and equivalent in EUR is TBA - Millions.
The volume of each tranche can be also adjusted / extended any time after contract volume will be
exhausted by mutual agree of TMT-P and EUR-P.
SIGNATORIES:
BY THE EUR PRINCIPAL / AUTHORIZED SIGNATORY:
I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT
THE INFORMATION PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I
HAVE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE
DATE INDICATED BELOW BY THE SIGNATURE.
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
ANNEX “F”
REGULAR TRANCHE VOLUME ADJUSTMENT
TMT-P and EUR-P can via mutual agreement increase or decrease volume of any regular
tranche. This adjustment needs to by done minimum 5 business days before affected
regular tranche.
This adjustment changing only the volume of the regular tranche, and nothing else in the
contract.
Request for regular tranche volume adjustment need to by send by TMT-P or EUR-P to
Contract Consultant by email on email address: xxxx.xxxx@xxxx.xx. Contract
Consultant have 2 business days to inform TMT-P and EUR-P and prepare new annex for
the original contract with new requested regular tranche volume. Then TMT-P or EUR-P
have 3 days for negotiations the new regular tranche volume. If TMT-P and EUR-P agree
new regular tranche volume, then TMT-P and EUR-P sign new annex.
If the negotiations between TMT-P and EUR-P will fail, the regular tranche transactions
will continue in non-changed volume.
SIGNATORIES:
BY THE EUR PRINCIPAL / AUTHORIZED SIGNATORY:
I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT
THE INFORMATION PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I
HAVE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE
DATE INDICATED BELOW BY THE SIGNATURE.
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
ANNEX “G”
ELETRONIC SIGN CONTRATC ACEPTATIONS
SIGNATORIES:
BY THE EUR PRINCIPAL / AUTHORIZED SIGNATORY:
I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT
THE INFORMATION PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I
HAVE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE
DATE INDICATED BELOW BY THE SIGNATURE.
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
BY THE TMT PRINCIPAL / AUTHORIZED SIGNATORY:
I HEREBY SWEAR UNDER THE INTERNATIONAL LAWS OF PERJURY AND FRAUD THAT
THE INFORMATION PROVIDED BY ME HEREIN IS ACCURATE AND TRUE AND THAT I
HAVE READ AND UNDERSTOOD THE FULL CONTRACT. SIGNED AND SEALED ON THE
DATE INDICATED BELOW BY SIGNATURE:
SIGNATURE: TBA
DATE: TBA
COMPANY: TBA
SIGNATORY NAME: TBA
COMPANY REG.NO.: TBA
PASSPORT: TBA
ANNEX “I”
FULL SIZE SCANED DOCUMENTS
FOR TMT
FOR CONTRATC
TMT ONLY
CONTRATC ONLY