(PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

LOI/DEED OF AGREEMENT
THIS LETTER OF INTENT/DEED OF AGREEMENT (HEREINAFTER REFERRED TO AS “AGREEMENT”) IS EXECUTED WITHOUT
PREJUDICE OR CONFLICT OF INTEREST, DULY UNDERSTOOD AND SIGNED BY BOTH PARTIES ACTING AT THEIR OWN
ACCORD ON JUNE __, 2013, BY AND BETWEEN:

COMPANY NAME
ADDRESS

REPRESENTED BY
POSITION
TELEPHONE / FAX
E-MAIL

HEREIN NAMED AS THE "PARTY A", HEREBY CONFIRM, WITH FULL LEGAL RESPONSIBILITY, UNDER PENALTY OF PERJURY
OF LAW THAT WE ARE READY, WILLING AND ABLE TO DELIVER THE FOLLOWING BANK INSTRUMENT, UNDER THE TERMS
AND CONDITIONS DESCRIBED BELOW, BASED ON GOOD, CLEAN, CLEAR UNENCUMBERED FUNDS OF NON-CRIMINAL
ORIGIN;

AND

COMPANY NAME
REG. ADDRESS

REPRESENTED BY
POSITION
TELEPHONE / FAX
E-MAIL

HEREIN NAMED AS THE "PARTY B", HEREBY CONFIRM, WITH FULL LEGAL RESPONSIBILITY, UNDER PENALTY OF PERJURY
OF LAW, THAT WE ARE READY, WILLING AND ABLE TO FUND AGAINST THE FOLLOWING BANK INSTRUMENT, UNDER THE
TERMS AND CONDITIONS DESCRIBED BELOW WITH GOOD, CLEAN, CLEAR, UNENCUMBERED FUNDS OF NON-CRIMINAL
ORIGIN.

BOTH PARTIES COLLECTIVELY BEING REFERRED TO AS THE “PARTIES”.

BANK INSTRUMENT DESCRIPTION

INSTRUMENT : BANK GUARANTEE, CASH BACKED, ICC 458 FORMAT

TYPE : OPERATIVE, IRREVOCABLE, ASSIGNABLE AND CONFIRMED
TERM : ONE YEAR AND ONE DAY

Party A’s initials: Page 1 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

ISSUING BANK : DEUTSCHE, BARCLAYS, BARCLAYS CREDIT SUISSE OR OTHER S&P RATED AAA WEB
CONTRACT AMOUNT : EURO 50B, WITH ROLLS AND EXTENSIONS OR LESS

FIRST TRANCHE : EURO 500M or as agreed

SECOND TRANCHE AGREED BY BOTH PARTIES (REFER TO PROPOSED TRANCHE SCHEDULE)
CURRENCY : EUROS
FUNDING RATE : 80%
PAYMENT : SWIFT FEE FOLLOWED BY UNCONDITIONAL MT-103
DELIVERY MODE : SWIFT MT760 & ORIGINAL HARD COPY BY BANK BONDED COURIER

TRANSACTION PROCEDURES

1)  PARTY B SUBMITS TO PARTY A THIS SIGNED AGREEMENT, TOGETHER WITH CLIENT INFORMATION SHEET,
CORPORATE BOARD RESOLUTION, NON-SOLICITATION LETTER, SIGNATORY'S PASSPORT COPY, CORPORATE
REGISTRATION.

2) AFTER COMPLETED DUE DELIGENCE, PARTY A COUNTERSIGNS THIS AGREEMENT AND IT THUS BECOMES A FULL
RECOURSE COMMERCIAL CONTRACT AND RETURNS IT TO PARTY B, ALONG WITH PARTY A’S FULL BANKING
COORDINATES AND THE SIGNATORY’S PASSPORT COPY. BOTH PARTIES SHALL LODGE THIS AGREEMENT WITH
THEIR RESPECTIVE BANKS.

3) WITHIN TWO (2) BANKING DAYS AFTER THIS AGREEMENT SIGNED PARTY B BANK DO SEND SWIFT MT 199 OF
CONFIRMED FUND ABILITY AGAINST SWIFT MT 760 OF DELIVERED BG TO PARTY A’S DESIGNATED RECEIVING
ACCOUNT POF VIA MT799 OF 47% FACE VALUE.

4) WITHIN ONE (1) BANKING DAYS PARTY B SHALL PROVIDE A COPY OF MT199 OF FUND ABILITY TO PARTY A FOR
TRACING AND FOLLOW UP

5) WITHIN THREE (3) BANKING DAYS AFTER RECEIVED ABOVE BANK SWIFT OF POF, PARTY A SHOULD INSTRUCT
HIS ISSUING BANK TO SEND TO PARTY B’S DESIGNATED BANK RECEIVING ACCOUNT WITH FULL BANK
RESPONSIBILITY, A PRE-ADVICE VIA SWIFT MT799 {APPENDIX B} STATING CAPABILITY OF DELIVERY OF THE
BANK GUARANTEE BY SWIFT MT-760. (PARTY A SHALL PROVIDE A COPY OF SAID MT799 PRE-ADVICE TO PARTY
B FOR TRACING)

6) WITHIN THREE (3) BANKING DAYS AFTER RECEIPT AND CONFIRMED THE ABOVE MT799 PRE-ADVICE, PARTY B’S
PAYING BANK WILL SEND 2 CONDITIONAL PAYMENTS (ICBPO) VIA SWIFT MT103-23 (APPENDIX C)
A. TO PARTY A’S DESIGNATED RECEIVING BANK COORDINATES IN AMOUNT OF 47% OF BG FACE VALUE.
(PARTY B SHALL PROVIDE A COPY OF SAID MT103-23 ICBPO FOR TRACING)
B. TO ALL YES INC.’S DESIGNATED RECEIVING BANK COORDINATES IN AMOUNT OF 33% OF BG FACE VALUE.
(PARTY B SHALL PROVIDE A COPY OF SAID MT103-23 ICBPO FOR TRACING)

7) WITHIN THREE (3) BANKING DAYS OF RECEIPT AND CONFIRMED OF THE ABOVE MT103-23 ICBPO, PARTY A’S
ISSUING BANK THEN ISSUES AND SENDS THE BG VIA SWIFT MT760 {APPENDIX D} TO PARTY B‘S DESIGNATED
BANK RECEIVING ACCOUNT. (PARTY A SHALL PROVIDE A COPY OF SAID MT-760 TO PARTY B FOR TRACING).

Party A’s initials: Page 2 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

8) WITHIN FIVE (5) BANKING DAYS AFTER CONFIRMATION OF THE ABOVE MT760 BG, PARTY B’S PAYING BANK
SHALL RELEASE THE AGREED FUNDS TO PARTY A’S and ALL YES INC.’S DESIGNATED BANK ACCOUNTS.

9) WITHIN SEVEN (7) BANKING DAYS OF RECEIPT OF AGREED PAYMENTS, PARTY A’S BANK SHALL SEND THE BG
HARD COPY ORIGINAL TO PARTY B’S DESIGNATED BANK RECEIVING ACCOUNT BY BANK BONDED COURIER.

10) ALL SUBSEQUENT TRANCHES WILL BE BASED ON THE SAME PROCEDURES OR AGREED BY BOTH PARTIES, UNTIL
COLLATERAL OR FUNDS BECOME EXHAUSTED.

11) ANY UNAUTHORIZED BANK CALLS, PROBES OR COMMUNICATIONS, OR AN IMPROPER SOLICITATION OR

DISCLOSURE INVOLVING ANY OF THE BANKS CONCERNED IN THIS TRANSACTION WILL RESULT IMMEDIATE
CANCELLATION OF THIS TRANSACTION AND SUBJECT THE VIOLATING PARTY TO DAMAGES.

BENEFICIARY OF BANK INSTRUMENTS

SPECIAL INSTRUCTIONS BENEFICIARY OF THE BANK GUARUANTEE WILL BE “_________________________”

BANKING INFORMATION

PARTY A'S BANKING COORDINATES:

(1) PARTY A’S ISSUING BANK COORDINATES (TO SEND RWA, MT799 PRE-ADVICE, MT760 BG AND HARD COPY OF BG):
BANK NAME
BANK ADDRESS
ACCOUNT NUMBER
ACCOUNT NAME
SWIFT CODE
BANK OFFICER
BANK TELEPHONE
BANK FAX
BANKER’S E-MAIL

(2) PARTY A’S PAYMENT RECEIVING BANK COORDINATES (TO RECEIVE 47% PAYMENT & SWIFT TRANSMISSION CHARGE):
BENEFICIARY
BANK NAME
BANK ADDRESS
ACCOUNT NUMBER
ACCOUNT NAME

Party A’s initials: Page 3 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

SWIFT CODE
BANK TELEPHONE
BANK FAX
BANKER’S E-MAIL
NOTE PARTY A RESERVES THE RIGHT TO USE ANY OF HIS BANK ACCOUNTS TO RECEIVE HIS
PAYMENT. (IT’S OUR BANK REGULATIONS AND PROCEDURE).

3) ALL YES INC.’S PAYMENT RECEIVING BANK COORDINATES (TO RECEIVE 33% PAYMENT):
BENEFICIARY
BANK NAME
BANK ADDRESS
ACCOUNT NUMBER
ACCOUNT NAME
SWIFT CODE
BANK TELEPHONE
BANK FAX
BANKER’S E-MAIL
NOTE ALL YES INC. RESERVES THE RIGHT TO USE ANY OF HIS BANK ACCOUNTS TO RECEIVE HIS
PAYMENT. (IT’S OUR BANK REGULATIONS AND PROCEDURE).

PARTY B'S BANKING COORDINATES:

(1) PARTY B’S BANK COORDINATES (TO RECEIVE RWA, MT799 PRE-ADVICE & MT760 BG AND MAKES 80%
PAYMENTS):
BANK NAME
BANK ADDRESS
ACCOUNT NUMBER
ACCOUNT NAME
SWIFT CODE
BANK OFFICER
BANK TELEPHONE
BANK FAX
BANKER’S E-MAIL
BG BENEFICIARY WILL BE

(2) PARTY B’S BANK COORDINATES (TO PAY THE SWIFT TRANSMISSION CHARGES):

Party A’s initials: Page 4 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

BANK NAME
BANK ADDRESS
ACCOUNT NUMBER
ACCOUNT NAME
SWIFT CODE
BANK OFFICER
BANK TELEPHONE
BANK FAX

IMPROPER RELEASE OF THE ABOVE BANKING INFORMATION, FOR ANY REASON, WITHOUT THE WRITTEN PRIOR
AUTHORIZATION OF OTHER PARTY, SHALL BE CONSIDERED AS A BREACH OF CONTRACT AND WILL MAKE A DEFAULTED
PARTY TO BE ACTIONABLE FOR DAMAGES SUSTAINED HEREBY. EACH PARTY IS NOT ALLOWED TO CONTACT THE
OTHER PARTY'S BANK WITHOUT EXPRESSED WRITTEN PERMISSION. ANY PARTY ATTEMPTING TO DO SO WILL LEAD
TO CANCELLATION OF THIS TRANSACTION/AGREEMENT.

SPECIAL CONDITIONS

ANY UNAUTHORIZED CALLS BY ANY PARTY OR ITS REPRESENTATIVE LAWYERS TO PROBE OR COMMUNICATION IN AN
IMPROPER WAY TO PARTY A OR PARTY B’S BANK(S) IN THIS TRANSACTION SHALL BE PROHIBITTED AND CONTRACT
TERMINATED.

MULTIPLE BANKS AND ACCOUNTS MAY BE USED BY PARTY A AND PARTY B TO FACILITATE EXHAUSTION OF THE
CONTRACT. PARTY A AND PARTY B MAY CHANGE OR ADD TRANSACTION BANKS BY PROVIDING WRITTEN NOTICE WITHIN
TWENTY-FOUR (24) BANKING HOURS TO EACH OTHER.

BOTH PARTIES SHALL BE RESPONSIBLE FOR THEIR OWN INSTITUTIONAL COSTS, AND ACCEPT LIABILITY FOR TAXES,
IMPOSTS, LEVIES OR CHARGES THAT MAY BE APPLICABLE IN THE EXECUTION OF THE TRANSACTION.

GENERALLY RECOGNIZED INTERNATIONAL STANDARDS CONCERNING THE PAYMENT OF FEES AND COMMISSIONS, AS
WELL AS NON-CIRCUMVENTION AND NON-DISCLOSURE SHALL APPLY FOR A PERIOD OF FIVE (5) YEARS, RENEWABLE FOR
ANOTHER FIVE YEARS PERIOD OF TIME AT THE OPTION OF BOTH PARTIES.

THIS TRANSACTION CONSTITUTES A PRIVATE PLACEMENT FOR BANK INSTRUMENTS BETWEEN THE PARTIES AND SHALL
NOT BE CONSTRUED AS A SECURITY TRANSACTION DESCRIBED IN THE UNITED STATES SECURITIES ACT OF 1934 AS
AMENDED OR BY THE LAWS OF ANY OTHER NATION.

FACSIMILE, E-FAX OR E-MAIL TRANSMISSION AND COPIES OF THIS DOCUMENT, WHEN FULLY EXECUTED ARE TO BE
CONSIDERED ORIGINAL AND BINDING DOCUMENTS.

UPON ACCEPTANCE, THIS LOI/DOA BECOMES A LEGAL AND BINDING CONTRACT BETWEEN THE PARTIES. EACH PARTY
HOLDS ONE OF THE LOI/DOA SIGNED IN ORIGINAL AND MAY BE EXCHANGED TO COMPLETE SIGNATURES IN WET INK AS
HARD COPY CONTRACT WHEN REQUIRED.

Party A’s initials: Page 5 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

BOTH PARTY A AND PARTY B JOINTLY AND SEVERALLY COVENANT AND UNDERTAKE TO ENSURE THAT THEIR RESPECTIVE
OBLIGATIONS UNDER THIS CONTRACT ARE MET. FAILURE TO PERFORM THEIR OBLIGATION UNDER THIS CONTRACT WILL
SUBJECT TO THE PENALTY OF TWO PERCENT (2%) OF FACE VALUE OF THE BG TO THE INJURED PARTY WITHOUT RECOURSE.

ARBITRATION

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, WHICH IS NOT SETTLED BY THE
PARTIES, SHALL BE SUBJECT TO BINDING ARBITRATION. THE VERDICT RENDERED BY THE PANEL OF ARBITRATORS SHALL BE
FINAL AND BINDING AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT OF A DISPUTE,
THE FOLLOWING PROCEDURES SHALL APPLY:

(A) A WRITTEN NOTICE SHALL BE SENT (BY REGISTERED MAIL WITH RETURN RECEIPT REQUESTED) BY THE AGGRIEVED
PARTY TO THE PARTY IN DEFAULT, WHICH SHALL INCLUDE AN EXPLICIT AND DETAILED STATEMENT OF THE DISPUTE. THE
PARTY BEING SERVED THE NOTICE SHALL HAVE (15) BUSINESS DAYS TO RESPOND IN WRITING AND / OR TO CURE THE
DEFAULT. IF THE PARTIES FAIL TO RESOLVE THE DISPUTE WITHIN THE FIFTEEN-BUSINESS DAY PERIOD, THE MATTER WILL
BE SUBMITTED TO ARBITRATION AS FOLLOWS.

(B) THE PARTIES AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS BY ARBITRATION IN
ACCORDANCE WITH THE RULES OF CONCILIATION AND ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE,
PHILADELPHIA PENNSYLVANIA PER ICC DOCUMENT Y432-A AND OTHER APPLICABLE ICC DOCUMENTS. ARBITRATION
PROCEEDINGS SHALL BE DIRECTED BY THREE ARBITRATORS, ONE APPOINTED BY EACH PARTY AND THE THIRD
SUBSEQUENTLY APPOINTED BY THE FIRST TWO ARBITRATORS. THE ARBITRATORS FOR ANY ARBITRATION PROCEEDING
REFERRED TO HEREIN SHALL BE CHOSEN AS FOLLOWS: ONE SHALL BE CHOSEN BY THE PARTY SEEKING ARBITRATION, (B)
ONE SHALL BE CHOSEN BY THE OTHER PARTY HERETO AND (C) ONE SHALL BE CHOSEN BY THE TWO ARBITRATORS
SELECTED HEREUNDER.
THE ARBITRATORS TO BE CHOSEN BY THE PARTIES SHALL BE CHOSEN WITHIN 30 DAYS OF THE SERVICE OF A DEMAND FOR
ARBITRATION ON ANY OF THE PARTIES. IF THE TWO ARBITRATORS APPOINTED ABOVE SHALL NOT AGREE TO THE
APPOINTMENT OF THE THIRD ARBITRATOR TO BE APPOINTED AS PROVIDED HEREIN, SUCH THIRD ARBITRATOR SHALL BE
APPOINTED JOINTLY BY THE OTHER TWO APPOINTED ARBITRATORS, SUBJECT TO CHALLENGE BY ANY PARTY ONLY BY
REASON OF A CONFLICT OF INTEREST. THE PARTIES AGREE TO HAVE THE DISPUTE ARBITRATED IN ACCORDANCE WITH
SAID RULES OF ARBITRATION. THE ARBITRATION PROCEEDINGS SHALL BE HELD IN HONG KONG, CHINA, ENGLANDOR
OTHER LOCATION MUTUALLY AGREED IN WRITING BY THE PARTIES FAILURE TO APPEAR WITHOUT A SHOWING OF GOOD
CAUSE, SHALL ENTITLE THE OTHER PARTY TO AN AWARD.

(C) THE DECISION AND AWARD MADE BY THE ARBITRATORS SHALL INCLUDE THE AWARD OF ALL COSTS AND EXPENSES
INCLUDING ATTORNEY'S FEES AND EXPENSES, INCURRED BY THE AGGRIEVED PARTY AS A RESULT OF THE DISPUTE. ANY
SUCH AWARD SHALL BE PAID TO THE PREVAILING PARTY BY THE UNSUCCESSFUL PARTY WITHIN THIRTY (30) DAYS AFTER
THE AWARD. IN THE EVENT OF CIRCUMVENTION, EITHER DIRECTLY OR INDIRECTLY, OR ANY OTHER DISPUTE ARISING OUT
OF, OR RELATING TO THIS CONTRACT, THE AGGRIEVED PARTY SHALL BE ENTITLED TO MONETARY COMPENSATION EQUAL
TO THE MAXIMUM FEE, COMMISSION, REMUNERATION, CONSIDERATION, OR BENEFIT IT WOULD HAVE RECEIVED FROM
SUCH TRANSACTION, AND SUCH OTHER DAMAGES AND RELIEF AS MAY BE DEEMED APPROPRIATE. THE SUM ALLOWED
AND RELIEF GRANTED SHALL HE PAID AND BECOME DUE AND PAYABLE WITHIN THE THIRTY (30) DAY PERIOD REQUIRED
FOR THE PAYMENT OF FEES AND EXPENSES, UNLESS OTHERWISE SPECIFIED IN THE ARBITRATION DECISION. SETTLEMENT
UPON AN AWARD SHALL BE FINAL, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

NON-CIRCUMVENTION & NON-DISCLOSURE

Party A’s initials: Page 6 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

THE PARTIES HEREIN AGREE THE NON-CIRCUMVENTION / NON-DISCLOSURE RULES OF ICC, LATEST EDITION, SHALL
APPLY TO THE TRANSACTION FOR A PERIOD OF (5) FIVE YEARS FROM THE DATE OF EXECUTION OF THIS AGREEMENT
BY THE UNDERSIGNED, HIS/HER ASSIGNS, AGENTS, AND/OR HEIRS. THIS NC/ND ALSO APPLIES TO ANY AND ALL OTHER
TRANSACTIONS DIRECT OR INDIRECT. REGARDING THIS TRANSACTION AND ITS POSSIBLE ROLLOVERS AND EXTENSIONS,
EACH PARTY AND THEIR RESPECTIVE INTERMEDIARIES WARRANT NOT REVEALING THE BANKING COORDINATES,
PROVIDED HEREIN, TO ANY INDIVIDUAL OR INSTITUTION OTHER THAN THOSE BANKING OFFICERS NECESSARY FOR
COMPLETION OF THIS TRANSACTION.

AFTER CONFIRMING, BY SIGNATURE AND SEAL, THIS DOCUMENT WILL BE EFFECTIVE EQUAL AS AN AGREEMENT/
CONTRACT. EACH PARTY HOLDS ONE OF THE EFFECTIVE AGREEMENT/CONTRACTS BY THEIR EXECUTION BELOW, THE
PARTIES HERETO AGREE TO THE GENERAL TERMS AND ALL CONDITIONS HEREIN AND WARRANT ONTO THE OTHER
THE ENTIRE AGREEMENT BETWEEN PARTIES.

IN WITNESS WHERE OF THE PARTIES EXECUTED THIS AGREEMENT AS OF THE DATE ABOVE WRITTEN.
SIGNED AT THIS __TH DAY OF JUNE, 2013

FOR AND ON BEHALF OF PARTY A:

_____________________________________
NAME:
TITLE: AUTHORIZED SIGNATORY
PASSPORT NO.:
NATIONALITY:
EXPIRY DATE:

SIGNED AT THIS __TH DAY OF JUNE, 2013

FOR AND BEHALF OF PARTY B:

_____________________________________
NAME:
TITLE: PRESIDENT / AUTHORIZED SIGNATORY
PASSPORT NUMBER:
ISSUING DATE:
EXPIRY DATE:

Party A’s initials: Page 7 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

POF VIA MT103-23 (SAMPLE)

(NOTE: USE YOUR POF MT 799 FORMAT)
Specimen SWIFT MT103/23

  (Specimen MT103/23 copy - Verbiage as per issuing Bank standard ICC format)
S.W.I.F.T. – WIRE FORMAT MT103- FIELD 23:
NOTIFICATION:
DELIVERY STATUS:
PRIORITY / DELIVERY:
MESSAGE INPUT REFERENCE:
------------------------------------------MESSAGE
HEADER------------------------------------------
SWIFT INPUT:  MT103- FIELD 23 OUR IRREVOCABLE, ASSIGNABLE,
TRANSFERABLE AND CALLABLE CASH BACKED.
SENDER:
BANK NAME:
BANK ADDRESS:
SWIFT CODE:
BANK OFFICER:
AMOUNT:
ACCOUNT NAME:
ACCOUNT NUMBER:
 

Party A’s initials: Page 8 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

RECEIVER:
BANK NAME:
BANK ADDRESS:
SWIFT CODE:
BANK OFFICER:
ACCOUNT NAME:
ACCOUNT NUMBER:
IN FAVOUR OF:
-------------------------------------------SWIFT MESSAGE
TEXT------------------------------------------
TRANSACTION CODE:
TRANSACTION NUMBER:
WE,........................., WITH FULL BANKING RESPONSIBILITY AND RELIABILITY, 
HEREBY PRESENT OUR IRREVOCABLE, ASSIGNABLE, TRANSFERABLE AND
CALLABLE CASH BACKED S.W.I.F.T. WIRE TRANSFER MT 103- FIELD 23
CONTIONAL IN YOUR FAVOUR FOR THE ACCOUNT OF _____ IN THE AMOUNT OF
_____ €/$ (..............EURO/ DOLLARS) .

WE HEREBY CONFIRM THAT THE FUNDS ARE GOOD, CLEAN AND CLEARED
FUNDS OF NON-CRIMINAL ORIGIN AND ARE FROM A LEGAL SOURCE.
THIS IRREVOCABLE S.W.I.F.T. IS A BINDING FULLY PERFORMED DUE BILL AND IS
IMMEDIATELY CALLABLE ON US FOR CASH PAYMENT AGAINST THE FULLFILMENT
OF YOUR OBLIGATION WITH OUR CUSTOMER.
 
THIS IRREVOCABLE, DIVISIBLE, ASSIGNABLE, TRANSFERABLE AND CALLABLE
S.W.I.F.T. WIRE TRANSFER IS VALID FOR ..................  FROM ____ DAY OF
____ ............ AND UNTIL THE ____ DAY OF ____ 2... 1700HRS CENTRAL EUROPEAN
TIME.
THIS IS AN OPERATIVE BANK INSTRUMENT AND IS SUBJECT TO THE UNIFORM
COMMERCIAL CODE AS IT RELATES TO BANK CREDIT INSTRUMENTS. _____ BANK
OFFICER NAME TITLE
DATE RECORDED: (INSERT DATE)
BANK OFFICER: BANK OFFICER:
PIN: PIN
------------------------------------------MESSAGE
TRAILER------------------------------------------

APPENDIX B

Party A’s initials: Page 9 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

DRAFT SWIFT OF PRE-ADVICE VIA MT799

(SPECIMEN COPY – FINAL VERBIAGE AS PER ISSUING BANK STANDARD FORMAT)

TO:

FROM:

ATTN:

PLEASE ADVISE YOUR CLIENT:

RE: TRANSACTION CODE:

WE, XXXXXXXXX BANK HEREBY CONFIRM WITH FULL BANKING RESPONSIBILITY THAT WE ARE READY TO ISSUE AND
DELIVER ONE (1) BANK GUARANTEE OF OUR CLIENT, ____________________ IN THE FACE AMOUNT OF _____ HUNDRED
MILLION EUROS ONLY (€__00,000,000.00) IN FAVOR OF ___________________, ACCOUNT NUMBER: __________________.

THIS SWIFT MESSAGE IS VERIFIABLE ON NORMAL BANK-TO-BANK BASIS WITH FULL BANKING RESPONSIBILITY.

THERE WILL BE NO LIENS AND ENCUMBRANCES ON THIS INSTRUMENT WHICH SHALL BE DELIVERED AND AVAILED VIA
MT760 AND EXACT BANK GUARANTEE AS PER FOLLOWING TEXT BELOW INSTRUCTION.

BG NUMBER :
PLACE OF ISSUE :
DATE OF ISSUE :
MATURITY DATE :
CUSIP NO :
ISIN NO :
CURRENCY :
FACE AMOUNT :
BENEFICIARY NAME :

FOR VALUE RECEIVED, WE, ----- {NAME OF ISSUING BANK} -----, AT --------- {FULL BANK ADDRESS}-----------, HEREBY ISSUE
OUR IRREVOCABLE, UN-CONDITIONAL AND NEGOTIABLE BANK GUARANTEE NO : --------- IN FAVOUR OF
________________ (BENEFICIARY) FOR THE AMOUNT OF ____ HUNDRED MILLION EUROS (€__00,000,000.00), VALID FOR
ONE (1) YEAR AND ONE (1) 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 BANK GUARANTEE AT
MATURITY DATE, WITHOUT ANY PROTEST, DELAY OR OBJECTION, THE SUM OF _____ HUNDRED MILLION EUROS
(€__00,000,000.00) TO THE ORDER OF __________________ 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 AND SURRENDER OF THIS BANK GUARANTEE
NO: -------------- AT THIS BANK AT MATURITY DATE.

THIS BANK GUARANTEE IS TRANSFERABLE AND ASSIGNABLE WITHOUT PRESENTATION OF IT TO US AND WITHOUT
PAYMENT OF ANY FEES. WE HEREBY ENGAGE WITH YOU THAT THE DEMAND MADE UNDER AND IN COMPLIANCE WITH

Party A’s initials: Page 10 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

THE TERMS OF THIS BANK GUARANTEE , SHALL BE DULY HONOURED ON DUE PRESENTATION TO US. THE DEMAND
HEREUNDER MUST BE MARKED “DRAWN UNDER BANK GUARANTEE NO: -------- DATED, _________ {GUARANTY ISSUE
DATE}

THIS BANK GUARANTEE 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 458,
LATEST REVISION.

THIS SWIFT IS OUR VALID AND OPERATIVE INSTRUMENT. NO MAIL CONFIRMATION WILL FOLLOW. ALL CHARGES ARE FOR
THE ACCOUNT OF APPLICANT.

FOR AND ON BEHALF: ______________ BANK

…..…………………………………….. …..……………………………………..
AUTHORISED BANKER {1} AUTHORISED BANKER {2}
NAME, TITLE & PIN CODE NAME, TITLE & PIN CODE

APPENDIX C
DRAFT TEXT OF CONDITIONAL BANK PAYMENT GUARANTEE VIA MT103-23 (47+33% OF BG FACE VALUE)
(SPECIMEN COPY – FINAL VERBIAGE AS PER ISSUING BANK STANDARD FORMAT)

TO:

FROM:

REF.: TRANSACTION CODE:

WE, ___________________, ON BEHALF OF OUR CLIENT __________________, HEREBY PRESENT OUR CONDITIONAL,
IRREVOCABLE, ASSIGNABLE, TRANSFERABLE AND CALLABLE CASH-BACKED SWIFT WIRE TRANSFER IN YOUR FAVOR FOR
THE ACCOUNT OF YOUR CLIENT _________________________ HOLDING AN ACCOUNT NUMBER: ______________ FOR AN
AMOUNT OF _______________ EUROS (€__00,000,000.00).

THIS CONDITIONAL IRREVOCABLE SWIFT IS A BINDING PAYMENT COMMITMENT BY US AND WE HEREBY UNDERTAKE TO
WIRE TRANSFER THE SAID AMOUNT TO YOU IN FAVOR OF YOUR CLIENT, UPON COMPLETE EXECUTION OF EACH DELIVERY
OF BG AS PER SIGNED CONTRACT WITH THE TRANSACTION CODE: _______________.

WE HEREBY CONFIRM THAT THE FUNDS ARE GOOD, CLEAN AND CLEARED FUNDS OF NON-CRIMINAL ORIGIN AND ARE
FROM A LEGAL SOURCE.

Party A’s initials: Page 11 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

THIS CONDITIONAL, IRREVOCABLE, DIVISIBLE, ASSIGNABLE, TRANSFERABLE CALLABLE CASH-BACKED SWIFT WIRE
TRANSFER IS VALID FOR 15 BANKING DAYS FROM THE __ THE DAY OF _______, 2013 AND UNTIL THE __ THE DAY OF
________, 2013.

THIS IS AN OPERATIVE BANK INSTRUMENT AND IS SUBJECT TO THE UNIFORM COMMERCIAL CODE AS IT RELATES TO BANK
CREDIT INSTRUMENTS.

(ELECTRONIC SIGNATURES OF TWO BANK OFFICERS WITH NAMES & TITLES)

…………………………… ……………………………..
NAME/TITLE/PIN NAME/TITLE/PIN

APPENDIX D
DRAFT TEXT OF BANK GUARANTEE VIA MT760
(SPECIMEN COPY – FINAL VERBIAGE AS PER ISSUING BANK STANDARD FORMAT)

BANK GUARANTEE NO. :

ISIN
CUSIP
CURRENCY CODE :
DATE OF ISSUE :
DATE OF EXPIRY :
APPLICANT :
BENEFICIARY :

AMOUNT: EURO € 000,000, 000.00 (EURO ______ HUNDRED MILLION ONLY.)

WE HEREWITH OPEN OUR BANK GUARANTEE NO.__________ AS FOLLOWS:

FOR THE VALUE RECEIVED, WE, THE UNDERSIGNED, [ISSUING BANK], HEREBY ISSUE OUR IRREVOCABLE, UNCONDITIONAL,
TRANSFERABLE, DIVISIBLE, AND WITHOUT PROTEST OR NOTIFICATION, PROMISE TO PAY AGAINST THIS BANK GUARANTEE
TO THE ORDER OF ___________________ THE BEARER OR HOLDER THEREOF, AT MATURITY, THE SUM OF € 000,000,000.00
(EURO XXX) IN THE LAWFUL CURRENCY OF EUROPEAN UNION, UPON PRESENTATION AND SURRENDER OF THIS BANK
GUARANTEE AT ANY OF THE COUNTERS OF ………………….

SUCH PAYMENT SHALL BE MADE WITHOUT SET-OFF AND FREE AND CLEAR OF ANY DEDUCTIONS, CHARGES, FEES, OR
WITHHOLDING OF ANY NATURE PRESENTLY OR IN THE FUTURE IMPOSED, LEVIED, COLLECTED, WITHHELD OR ASSESSED BY
THE GOVERNMENT OF [COUNTRY OF ISSUE] OR ANY POLITICAL SUBDIVISION OR AUTHORITY AND THEREIN AND
THEREOF.  THIS BANK GUARANTEE IS DIVISIBLE, ASSIGNABLE, TRANSFERABLE AND NEGOTIABLE WITHOUT PRESENTATION
OF IT TO US AND WITHOUT THE PAYMENT OF ANY TRANSFER FEE OR CHARGES.

THIS BANK GUARANTEE SHALL BE GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF
[COUNTRY OF ISSUE]. THIS BANK GUARANTEE IS AN OPERATIVE INSTRUMENT.

Party A’s initials: Page 12 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

THIS BANK GUARANTEE IS TRANSFERABLE, ASSIGNABLE AND DIVISIBLE WITHOUT PRESENTATION TO US.

THIS BANK GUARANTEE IS GOVERNED BY THE UNIFORM CUSTOMS AND PRACTICE FOR BANK GUARANTEE AS SET FORTH
BY THE INTERNATIONAL CHAMBER OF COMMERCE, UNIFORM RULES FOR DEMAND GUARANTEES, (ICC PUBLICATION NO.
458).

FOR AND ON BEHALF OF [ISSUING BANK] AND SIGNED BY TWO AUTHORISED OFFICERS WITH BANK SEAL
- UNQUOTE -

THIS IS AN OPERATIVE INSTRUMENT AND NO MAIL CONFIRMATION WILL FOLLOW.

YOURS FAITHFULLY,

(SIGNATURE OF TWO BANK OFFICERS) (BANK SEAL)

___________________________ _______________________
BANK OFFICER: BANK OFFICER:
PRINT NAME/TITLE/PIN PRINT NAME/TITLE/PIN

PROPOSED TRANCHE SCHEDULE

TRANCHE: FACE VALUE:

TRIAL ORDER €100,000,000.00
1ST €500,000,000.00
2ND €500,000,000.00
3RD

Party A’s initials: Page 13 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

4TH
5TH
6TH
7TH
8TH
9TH
10TH
11TH
12TH

PROPOSED AND SIGNED AT THIS __TH DAY OF JUNE, 2013

FOR AND BEHALF OF PARTY B:

_____________________________________ (CORPORATE SEAL)

NAME:
TITLE:
PASSPORT NUMBER:
ISSUING DATE:
EXPIRY DATE:

ACKNOWLEDGED AND SIGNED AT THIS __TH DAY OF JUNE, 2013

FOR AND BEHALF OF PARTY A:

_____________________________________ (CORPORATE SEAL)

NAME:
TITLE:
PASSPORT NUMBER:
ISSUING DATE:
EXPIRY DATE:

Party A’s initials: Page 14 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

CLIENT INFORMATION SHEET

Dated: 15 Dezember 2022
     
1. Principal:  
a) Represented By:  
b) Nationality:  
c) Passport Number:  
d) Date Of Issue:  
e) Date Of Expiration:  
f) Date Of Birth:  
g) Place Of Birth:  
h) SSN/Identity No.:  
i) Contact Address:  
j) Contact Telephone No.:  
k) Add. Telephone No.:  
l) Mobile Telephone No.:  
m) Facsimile No.:  
n) E-Mail Address:  
o) Occupation:  
p) Business Name:  
q) Business Address:  
r) Business Telephone:  
s) Business Facsimile:  
2. Address For Mail:  
3. Address For Courier:  
4. Legal Counsel:  
a) Address:  
b) Telephone No.:  
c) Facsimile No.:  
5. Bank Name:   
a) Address:  
b) Account Name:  
c) Routing No.:
d) S.W.I.F.T Code:  
e) For further credtit To:
Beneficiary Acc No:
Beneficiary Name:
d) Acct. Signatory Name:  
e) Bank Officer:  
f) Bank Officer Address:  
g) Bank Telephone Number:  
h) Bank Facsimile Number:  

Party A’s initials: Page 15 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

PASSPORT COPY OF PARTY B’S AUTHORIZED SIGNATORY

CERTIFICATE OF INCORPORATION OF PARTY B

Party A’s initials: Page 16 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED

 (PARTY B’S LETTERHEAD)

TRANSACTION CODE: BRFLD-FCBGS-100BE-13618

PARTY A’S CODE:
PARTY B’S CODE:

PASSPORT COPY OF PARTY A’S AUTHORIZED SIGNATORY

Party A’s initials: Page 17 of 17 Party B’s initials:

UNAUTHORIZED CONTACT TO PROVIDER,S BANK ARE NOT ALLOWED