Standard DOA

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 9

Date: Monday, October 24, 2022

MONETIZATION AGREEMENT

This is MONETIZATION AGREEMENT (hereinafter named as Agreement) for funding against bank
instruments i.e Bank Guarantee (BG), Standby Letter Of Credit (SBLC), Documentary Letter of Credit (DLC)
and Blocked Fund (BF) to be issued by any of the top rated banks in the world, and signed between the
following parties:

Kamry Company Nigeria Limited represented by Mr. Yusuf Kamoru holding Passport Number: A05164301
issued in 15th May 2020 with address at 10 Momodu Dada street Ijegun Ikotun Lagos, Nigeria, email:
kamrycompanynigltd@gmail.com, telephone: +2349060904274 who is the authorized signatory for,
The Provider, Hereinafter referred to as “Party A”

And
XXXXXXXXXXXXXXXXXXXXXXXXXXX represented by Mr. XXXXXXXXXXXXXXXXX holding
Passport Number XXXXXX issued in XXXXXXX with address at XXXXXXXXXXXXXXX NIGERIA,
Telephone XXXXXXXXX, Email Address XXXXXXXXXXXXX who is the authorized signatory for, The
Monetizer,
The Monetizer’s Hereinafter referred to as “Party B”

We “Party B”,, with full legal and corporate responsibility, under penalty of perjury, hereby confirm that he is
ready, willing and able to Monetize the BANK INSTRUMENTS issued from “TOP RATED BANKS”.

We “Party A”, with full legal and corporate responsibility, under penalty of perjury, hereby confirm that he is
ready, willing and able to issue the BANK INSTRUMENT for the purpose of Monetization.

DESCRIPTION
Instrument: Standby Letter Of Credit (SBLC), Documentary (This instrument is just a
collateral)
Currency: Dollars
Total Amount: 100 Million Dollars
Issuing Bank: BNP Paribas S.A. Niederlassung Deutschland
Delivery: Bank to Bank
Mode of Payment: TT, Cash Wire Transfer, MT103/202.
Loan Amount (LTV): 35% recourse

MONETIZER BANKING COORDINATES TO RECEIVE BANK INSTRUMENT

Bank Name:
Branch Name:
Account Name :
Account Number :
Swift Code:
IFSC Code:
MICR Code:
Zip Code:
Bank Add:
RM Name:
Bank Tel:
RM Email ID :
Banking forex Dept :
Banking Forex Dept Email ID:
Banking Forex Dept Tele No.:

ISSUING BANK COORDINATES

BANK NAME: CHINA EVERBRIGHT BANK, XIAMEN BRANCH.


BANK ADDRESS: NO.160 HUBIN MIDDLE ROAD, SIMING DISTRICT, XIAMEN, CHINA
361004
SWIFT CODE: EVERCNBJAM1
BENEFICIARY NAME: XIAMEN RIHUA GROUP CO., LTD.
23FL., SHIJI BUILDING, NO. 7, YILAN ROAD, SIMING DISTRICT, XIAMEN, CHINA
BENEFICIARY ACCOUNT NUMBR: 37580188000009382

MONETIZER BANKING COORDINATES TO PAY THE LTV (LTV)

Bank Name:
Bank Address:
Account Name:
Account Number:
Bank officer name:
Swift Code:

PROVIDER’S BANKING COORDINATES FOR RECEIVING OF THE LTV (LTV)

• Intermediary Bank: Citibank New York


• Swift: CITIUS33
• Routing/ABA Number: 021000089
• Beneficiary Bank: Union Bank of Nigeria Plc
• Swift: UBNINGLA
• Union Bank Account number with Citibank: 36058132
• Beneficiary Name: Kamry Company Nigeria Ltd
• Beneficiary Account Number: 0144097231
• Bank Officer’s Name: CHRISTIAN IGWE
• Bank Officer’s official Email:chnigwe@unionbankng.com
• Bank Officer’s mobile:+2348036458258
• Bank Officer's Tel: +2341235800 Ext: 4168
Both Parties hereto declare that each of them has all the right to use and are legally empowered and fully
authorized in the capacity as a party to this agreement to execute and accept this Agreement and agrees to be
bound by the terms and conditions.

TERMS AND CLOSING PROCEDURE

Contract Signed By Both Parties and lodged in both participating Banks.


Provider Bank Issues Bank Instrument to Monetizer’s Bank.
Lenders Bank verifies & confirms Bank Instrument and instructs for remittance via Cash Wire
Transfer within 7 Banking Days for recourse LTV.

WHEREAS, This cooperation shall work on the Bank Instrument issued and delivered by Provider in
favour of “Party B” to serve as collateral to avail the payment under RECOURSE LOAN [Refundable]
to “Party A”.

“The Lender” or “Party B” confirms that the Loan are recourse and that the “The Provider” or “Party
A”or “Party A” not need to repay the Loan.

“The Lender” or “Party B” confirms that is ready willing and able to receive the Bank Instrument via
bank to bank for monetization.

1. Within 72 hours after signing this Lending Contract Agreement, “The Provider” or “Party
A” will request that your Bank make the contact with “Monetizer’s Bank” (bank coordinates
indicated by “The Lender” or “Party B”) by phone or e-mail to check if “Monetizer’s Bank”
is ready willing and able to accept the text model of the BANK INSTRUMENT by Bank to
Bank or Bank to Beneficiary.

2. Within 72 hours “The Provider” or “Party A” will request that your Bank make the
transfer/deliver of the BANK INSTRUMENT in favour of “The Lender” or “Party B” (Bank
co-ordinates indicated by “The Lender” or “Party B”).
The Bank Officer of “Provider Bank” send the copy of the BANK INSTRUMENT to
“Monetizer’s Bank” by Bank to Bank or Bank to Beneficiary.

3. Within ten (10) banking days after verification, and authentication of the BANK
INSTRUMENT by Bank to Bank or Bank to Beneficiary, the Lending Bank for and on behalf
of “The Lender” or “Party B” , will perform TT or Cash Wire Transfer or MT103/202. 35%
of the face value of the BANK INSTRUMENT as RECOURSE LOAN ,for “The Provider” or
“Party A” .

This amount will be paid by PARTY B to account of PARTY A within a period of Ten (10) banking
days after verification and acceptance of the instrument upon receipt of BANK INSTRUMENTby
Bank to Bank or Bank to Beneficiary, to account of the PARTY B as collateral and its verification in
accordance to normal bank practice. Beneficiary claims and warrants the safe return of the
instrument to the Issuer before the expiration date free and clear and unencumbered.

4. The above payments shall be wired via irrevocable, unconditional TT, Cash Wire Transfer,
MT103/202. to the respective beneficiaries within a period of Ten (10) banking days from the date of
receipt, verification and authentication of the BANK INSTRUMENT without protest, delay or
notification.

WHEREAS the parties warrant with legal responsibility that they have made the necessary arrangements
to deal in the transaction outlined herein and that The Lender, “Party B”, is in a position to provide
secured good, clean, clear and legitimately documented Funds of non-criminal origin.

WHEREAS“ The Provider” or “Party A”, hereby declares with full corporate and personal legal
responsibility that they have made the necessary arrangement to deal in the transaction outlined herein and
that “The Provider” or “Party A”,, is in a position to bring forward the Bank Instrument secured with
good, clean, clear of non-criminal origin and legitimately documented Funds.

CONFIDENTIALITY UNDERTAKING

1. By the execution of this agreement both parties expressly undertake to withhold all information
pertaining to this transaction in confidence except to the known and accepted intermediaries or by due
process of the law. No copy to another party will be provided or any information by “The Lender” or
“Party B”.

2. No attempt shall be made either directly or indirectly to avoid, substitute or otherwise deal with any of
the rights parties, including the intermediaries, under this agreement.

3. This undertaking shall be deemed to be binding on all parties, their employees, bankers, professional
advisers, and representatives for whom each party shall be responsible in accordance with the rules of
NCND regulation promulgated in the latest ICC Editions and /or amendments.

TERMINATION
Termination of this contract unless mutually agreed before the full contract period would make the
terminating party liable to damages to the performing Party.

FORCE MAJEURE
The parties hereto shall not be held liable for failure to perform under the force majeure clause as stated by
the International Chamber of Commerce (ICC) which clauses are deemed to be incorporated herein.
Any failure of execution by The Borrower/Provider, or “Party A”, of their respective obligations under
this agreement they shall pay One Percent (1%) as penalty to The Monetizer’s, or “Party B”.
Any failure of execution by “The Lender” or “Party B”, of their respective obligations under this
agreement they shall pay the cost of Bank Instrument and the payment of the amount of
XXXXXXXXXXXXXXXX (XXXXXXXXXXXXXXXXXXXXX Only) equal to the XXX (XXX%) of
the full face value of the Bank Instrument to The Borrower/Provider, or “Party A”.

The “Provider” or “Party A” and the “Monetizer” or “Party B”,and Both parties hereby agree that the
“The Consultant” indicated in the Point of the MASTER FEE PROTECTION AGREEMENT
“MFPA” of this FINANCIAL FUNDING AGREEMENT, is an integral part of the operation.

GOVERNING LAWS
This Agreement shall be deemed to have been made in the Nigeria, laws governing Naira and Nigeria shall
govern construction, validity and performance of this Agreement in all respects.

SIGNING AND NOTICE


Any attempt, by any of the parties to this transaction, to communicate with any bank(s) involved in this
transaction, by telephone, is strictly prohibited. All communications must be conducted, on a bank-to-bank
basis, or as per agreed upon and accepted procedures. Any breach of this condition will cause this
transaction to be aborted and forfeited. All notices, requests, demands, and other communications under
this Agreement shall be in writing.

The Parties hereto agree that this Agreement and any notices, instructions or amendments to this Agreement
shall be executed and delivered by use of Facsimile and/or electronic mail and shall be deemed served on
the date of dispatch. Facsimile and/or e-mail copies of the Agreement and any notices, instructions or
amendments shall be deemed as original and shall be legally binding and enforceable for the duration of
the transaction.
For any problem arising during the course of the transaction, the bank must produce the valid supporting
documentation.

Lastly, for evidence, tracking and confirmation purposes, we will need a certified true copy of the BANK
INSTRUMENT that was issued.

OTHER
Non performance by either party due to the interference of the authorities will be treated under the Force
Majeure clauses.

IN WITNESSETH HEREOF THE PARTIES HERETO HAVE AGREED ACCEPTED AND EXECUTED
THIS AGREEMENT ON Monday, October 24, 2022

For and on behalf of: For and on behalf of:


The Provider (Party A) The Monetizer (Party B)

____________________________ ______________________________
Name: Yusuf Kamoru Name:
Passport Number: A05164301 Passport Number:
Issuing Country: Nigeria Issuing Country:
Expiring Date: 14th May, 2025 Expiring Date:

You might also like