( To be
typed or printed on clients’ letterhead)
To : WARREN CLARKE ANDERSON
(Financial Consultant)
ID / PASSPORT NO:______________________
Address:
Country :
US$ _______________ /xx or its equivalent or partial
Amounts of not less than US$ __________________ /xx
Or
its equivalent.
1. We agree and accept that, for this Mandate, fees and commissions will be paid as stated in the General Conditions of WARREN CLARKE ANDERSON .
2. We agree, confirm and accept that a
commission of US$ _________________ /xx. Being ____% of the
US$________________value of a Bank Guarantee or Standby
Letter of Credit issued by the bank / Loan
introduced by you and
will be payable to
you, for your efforts in assisting us
to successfully seek lenders, financial
institutions & funding sources to
inject funds required as herein mentioned amount required for
the business or project. Your
commission is due for
immediate payment at the date the Bank Guarantee or Standby Letter of Credit instrument or Loan
is drawn down by our us
and authenticated & confirmation of acceptance / verified by our bankers of these
instruments contract between the bank,
financial institution, private lender or private trust fund
or sources. Payment of the commission to you will be guaranteed in your
Prescribed form.
3.
We agree to pay a down
payment , in a sum of
US$_________________ / xx being and 20% of the ____% commission in
Clause 2, (or it can be in a form of a irrevocable payment guarantee by your
bank in our prescribe format acceptable by our bankers), when the Bank
Guarantee or Standby Letter of Credit or loan is issued in principle through
the bank, financial institution or sources and the letter of intent issued or
offered to release the Guarantees Instruments for pledging to lending bank or
bank loan disbursement assigned by borrower, whichever is the sooner. This down
payment of commission will be forfeited if we default or fail to honor any of
the terms and conditions laid out in this Mandate or setout by the sources.
4.
We agree to pay a sum of US$ ___________________ /xx
(Non-Refundable & Non Accountable) being the Management and Professional
Service & Administration Fee charged by you and payable to you. And the 20%
of the actual commission of US$__________________being down payment upon
the issue of Intent or offer from
the issuing fiduciaries, Banks, Financial Institutions, private trust or
sources, arranged or introduced by WARREN CLARKE ANDERSON, direct funding or
the financial instruments to pledge to lending bank assigned by us the borrower
and its agents, affiliates, partners and indirect associates. This fee is subject to change from time to time and
it is Non-Refundable and Non-Accountable.
5.
We agree and confirm
that we would not contact the banks, financial institutions, private lenders or
private trust funds, securities houses, sources and their intermediaries
and agents or brokers disclosed by WARREN CLARKE ANDERSON (FINANCIAL
CONSULTANT) for the purpose of providing loans and capital for our projects
or business. Notwithstanding Clause 6, this condition is binding on us for
three (3) years from the date hereof. We agree and accept that if we were
successful In transacting with such banks, financial institutions, securities
houses, private lenders or private trust funds disclosed by you, in obtaining a
loan or capital required within this three (3) year period, we shall be liable
to pay WARREN CLARKE ANDERSON your
commission of _______% of the Bank Guarantee or Standby Letter of Credit
instruments or a loan from the source In the total value accepted.
6. We agree
and accept that in the event that we are successful in obtaining Bank Guarantee
or Standby Letter of Credit or any banking financial guarantee instruments or
loans ourselves while engaging your services, we would still be liable to pay
WARREN CLARKE ANDERSON an amount of 20% of your commission, being the down
payment.
7. This authorization
to WARREN CLARKE ANDERSON is for the possible arrangement of a loan or capital
required for my project or business and carries a full contractual obligation
upon ourselves and shall remain in force for a period of ninety (90) working
days hereof.
8. In the
event that any agreement or stipulation contained herein on our part to be performed
and observed shall not be so performed and observed or if we for the time being
shall become bankrupt or being a company shall enter into liquidation whether
compulsory or voluntary (save for the purpose of amalgation or re-construction)
or if we for the time being shall enter into arrangement or composition for the
benefit of our creditors or shall suffer any distress or execution to be levied
on our assets (goods) then and in any of the said cases it shall be lawful for
WARREN CLARKE ANDERSON to commence any action in respect of any antecedent
breach of this Mandate by us.
9. WARREN
CLARKE ANDERSON would accept mandate, terms and conditions of which are to be
provided by you, provided by the Lending Bank or Financial Institutions,
Private Trust and Fiduciaries.
10. We also
acknowledge that it is our responsibility to provide the Lending Bank. However,
WARREN CLARKE ANDERSON may assist in sourcing the lender / Lending Bank.
11. We fully
understand that arranging for the Lending Bank is our responsibility. Your
Principal’s responsibility is to supply us the issuing sources or lending
sources.
12. We also
realize that we run the risk of losing the deal if we do not meet the Lending
Banks and issuing banks terms & conditions. We also understand that your
principal will also lose the portion of the commission that they have financed
and their Company’s commission which is payable when our project is funded, if
we do not arrange for the Lender/Lending Bank.
13. The
Lender/Lending Bank must abide by the conditions of your Principal’s Agreement
and the Guarantees or Collateral, Assets and Financial Instruments. There
cannot be any changes to either their Agreement or the Financial Instruments.
14. We are to be held responsible for the fee(s) and commissions imposed / laid out in the Mandate and for completing the loan transactions respectively.
15. This Mandate is subject to the “General
Conditions governing Mandates for Obtaining Loans or Capital Investments or
Financial Instruments” through offshore sources, prescribed by WARREN CLARKE ANDERSON. As the Financial
Consultant authorized by the client in
writing.
Dated
this________day of_________________ In the Year 2000
___________________________ _________________________
Company Stamp / Seal :
Note : Please execute attach Company
Directors’ Resolutions undertaking / approving
the above.
(To be
typed over the company’s letter head )
do hereby sign the following resolutions in
accordance with the Memorandum and Articles of Association.
IT WAS RESOLVED:
That, to realise the Company’s business and project
plans,
·
With
the assistance of WARREN CLARKE ANDRSON, of Id / Passport
No.__________________., to assist in a Business Report be lodged with the
Banks, Financial Institutions, Securities Houses, Private Lenders, Private
trust funds or sources for the latter’s review, for the purpose of obtaining a
Loan, Collateral Instruments, Financial Instruments, Guarantees or for a Loan
Capital amount of US$ _________________/xx Maximum & not less than US$
_________________/xx
·
Subsequently,
using the above-mentioned Instruments as Guarantee, an application for a loan
through the Lending Bank of an amount of US$_______________/xx & not less then
US$ __________________/xx be made with
a Lending Bank or Financial Institution supplied by us.
(But Warren
Clarke Anderson can be of assistance, if required from time to time.)
Dated this
_______ day of ____________________ In the Yr.
2000
Director
Managing Director
General Conditions Governing Mandates for Obtaining Loans or Capital Requirements.
We accept mandates from clients
with the purpose of obtaining loans or Financial Guarantee Instruments from
Banks or sources and Capital Requirements from Financial Institutions,
Securities Houses , Private Lenders and Private Trusts and Sources in the Asia
– Pacific region or elsewhere under the following conditions :
1.
A written agreement with the client will specify the scope
of activities that are to be handled by WARREN CLARKE ANDERSON in a
defined project and / or loan, Financial Guarantee Instruments or capital
required scheme.
The client
will give the necessary support in the project, especially by delivering the
requested information on the borrower (financial status, annual reports, etc.)
and the project(s) to be funded.
The client
warrants the accuracy of the information furnished in respect of the borrower
and the project(s) to be funded and agrees to hold WARREN CLARKE ANDERSON
holder of Id / Passport #: ________________ harmless from any liabilities or damage arising out of out-dated,
incorrect, inaccurate or undisclosed, or any hidden information.
2.
Mandates for obtaining loans or Financial Guarantee
instruments or capital are principally
accepted on the basis of compensation
upon success. A commission of 3% to 5% of the loan amount is due only if the loan
or capital requirements described in the mandate can be obtained.
3.
Notwithstanding Clause 2, a downpayment, which is our Professional arrangement & Processing
Fee, is payable upon engagement and application. This downpayment will be professional services & submission
for processing, administration costs and disbursements incurred whilst sourcing
and arranging for your loan, Financial Guarantee Instruments or capital
request. Amount of fee will be stipulated at time of application.
