Nmc newmark capital inc

BANK INSTRUMENT DESCRIPTION

Instrument Type:	Bank Guarantee (BG), ICC 758, Cash Backed
Issuing Bank:	HSBC London
Interest Rate:	Zero Coupon
Age:	Fresh cut/Newly Issue
Term:	One (1) year and One (1) day
Price:	TWELVE Persent (12%) / TWENTY FIVE Percent (25%) здесь нужное оставить!
Currency:	European Community Currency (EURO)
Contract Amount:	EURO 100M – 500M
Tranches:	As agreed by Parties
Transaction Mode:	Bank to Bank – SWIFT
Delivery:	SWIFT MT 799 RWA / SWIFT MT 760 / BG Hard Copy
Payment:	Unconditional SWIFT MT 103 “Instant Cash Transfer”

TRANSACTION PROCEDURE:

1. 
   LESSOR (Provider) and LESSEE (Beneficiary) of financial instrument (BG/SBLC) shall execute, sign and initiate the Deed of Agreement, which thereby automatically becomes a full commercial recourse contract agreement ("Agreement").
   

2. 
   Whithin three (3) banking days LESSOR sends SWIFT MT799 Pre-advice (Appendix A) to LESSEE via swift informing that they are ready to send the bank instrument for total BG/SBLC value and upon LESSEE confirmation of Swift MT799 accordingly.
   
   
   
3. 
   Within three (3) banking days of receipt and confirmation of the above Swift MT 799 (Appendix B) from LESSEE, the LESSOR issuing bank issues and sends the BG via SWIFT MT760 (Appendix C ) to the account of the LESSEE.
   
   
   
4. 
   Within 7 -10 banking days after confirmation of the above MT760 BG, the LESSEE through paying bank shall release payment by MT 103 the agreed funds to the LESSOR on designated bank account, and simultaneously pays the Brokers' fees to both sides.
   

5. 
   Should LESSEE default to pay the leasing fees to the LESSOR and the brokers commission fees as agreed after 7 -10 banking days of confirmation of BG/SBLC MT760 in LESSEE’S bank account, LESSOR will instruct the issuing bank to put a claim on the SBLC/BG thereby forcing the LESSEE’S bankers to return the BG/SBLC MT760/MT799 to the issuing Bank.
   
   
   
6. 
   Within seven (7) banking days of receipt of agreed payments, the LESSOR Provider bank shall send the BG hard copy original to the Beneficiary's designated bank receiving account by bank bonded courier.
   
   
   
7. 
   Any unauthorized calls by any party or its representative lawyers to probes or communication in an improper way to bank(s) in this transaction shall be prohibited. Should any of the Parties herein fail to perform as required by this contract including time schedule the failing Party shall pay PENALTY OF 1% of the total face value of the transaction.