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GPI2 50 BI

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0% found this document useful (0 votes)
182 views

GPI2 50 BI

Uploaded by

belchikovsv
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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AGREEMENT NUMBER: GTS-XXXXX-50BI/08/08/2024

DATE: AUGUST 08, 2024

PRIVATE INVESTMENT AGREEMENT


TRANSFER VIA INTER BANKING SWIFT.COM MT-103/GPI DIRECT CASH TRANSFER
Inter Banking Internet Communication Standard

THIS AGREEMENT ON DELIVERY OF CASH FUNDS FOR INVESTMENT TRANSFER VIA INTER BANKING
SWIFT.COM MT-103/GPI DIRECT CASH TRANSFER (hereinafter referred to as the “ AGREEMENT”) is made
and effective on this AUGUST 06, 2024
BETWEEN
SIGNED FOR AND ON BEHALF OF PARTY- A (INVESTOR):
COMPANY NAME:
COMPANY ADDRESS:
REGISTERED AT
REGISTRATION AUTHORITY
ENTITY ID
REPRESENTED BY:
PASSPORT NO.:
COUNTRY OF ISSUE:
DATE OF ISSUE:
DATE OF EXPIRY:
BANK NAME: DEUTSCHE BANK AG
BANK ADDRESS: TAUNUSANLAGE 12, 60254 FRANKFURT AM MAIN, GERMANY
SWIFT CODE: DEUTDEFXXX
ACCOUNT IBAN (EURO):
ACCOUNT NAME:
BANK OFFICER:
BANK OFFICER E-MAIL:
HEREINAFTER REFERRED TO AS PARTY A OR “INVESTOR” OR ‘SENDER’
AND
COMPANY NAME: IMC CORP.
COMPANY ADDRESS: IVANA CRNOJEVICA 49, 81000 PODGORICA, MONTENEGRO
COMPANY REG. NUMBER: 50932814 PIB 03317552
REPRESENTED BY: MARIO MARENBACH, CEO
PASSPORT NO.: C1300074J
COUNTRY OF ISSUE: 22.01.2020
DATE OF ISSUE: 22.01.2030
DATE OF EXPIRY: DEUTSCH
BANK NAME: DEUTSCHE BANK AG
BANK ADDRESS: ROẞMARKT 18, 60311, FRANKFURT AM MAIN, GERMANY
SWIFT CODE: DEUTDEDBFRA
ACCOUNT NAME: CHRISTOPH DITTRICH LAWYER & NOTAR
ACCOUNT IBAN (EURO): DE82 5007 0024 0036 6484 00
GPI CODE: DE 05 ZZZ 0000 2333 408
PAYMENT REFERENCE: IMC CORP.
BANK OFFICER: MS. BIANCA BRINK
BANK OFFICER TELEPHONE: +49 40 658000-0 / +49 69 10000
BANK OFFICER E-MAIL: [email protected]
HEREINAFTER REFERRED TO AS PARTY B OR “SERVICE PROVIDER” OR ‘RECEIVER’

Investor or “Party-A Page 1 of 10 Partner or “Party-B”:


AGREEMENT NUMBER: GTS-XXXXX-50BI/08/08/2024
DATE: AUGUST 08, 2024

WHEREAS, the PARTIES are individually known as “Party A” and/or the INVESTOR and “Party B” and/or the
SERVICE PROVIDER and jointly known as PARTIES; and

WHEREAS, the PARTIES hereto are desirous of entering into this AGREEMENT for the purpose of developing
own investment and humanitarian projects contemplated herein for the mutual benefit only and not for
other purposes whatsoever; and

WHEREAS, the INVESTOR is holding an account at DEUTSCHE BANK AG, GERMANY with cash funds to be
transferred to SECOND PARTY’s designated account via SWIFT.COM MT103 GPI (Internet Protocol special
MT103 transmission named GPI); and

WHEREAS, the INVESTOR hereto warrants that the funds to be transacted, for making the investments, are all
good, clean and cleared funds of non-criminal origin, without any traces of illegality or unlawfulness
whatsoever.

WHEREAS, the SERVICE PROVIDER is ready, willing and able to receive said cash funds into its designated
account via SWIFT.COM MT103 GPI transfer and then to execute the sharing funding distribution and
transfer of said received funds to designated parties and bank accounts via MT103 transfer in accordance to
the terms and conditions in this AGREEMENT; and

WHEREAS, the SERVICE PROVIDER has further made arrangement with a third party (hereinafter referred to
as the FACILITATOR), to facilitate the execution of the said delivery of cash funds for investments and the
SERVICE PROVIDER and the FACILITATOR shall authorize and instruct their designated paymaster TRUSTEE to
receive said funds and proceed on the agreed distribution and transfer of cash funds, opening bank accounts
in case it is required too, in accordance to the terms and conditions in this AGREEMENT; NOW, THEREFORE,
it is agreed as follows:
THE INVESTOR represents and warrants that it has full corporate responsibility permission to enter into this
AGREEMENT. It hereby declares under penalty of perjury that the funds are good, clean, clear, and free of
noncriminal origin, and are free and clear of all liens, encumbrances and third-party interest. By signing this
AGREEMENT, the INVESTOR represents and warrants that it is giving to the SERVICE PROVIDER and its
designated parties, full legal authority to download said cash funds via SWIFT.COM 103 / GPI DIRECT
CASH TRANSFER and distribute and transfer cash funds via MT103 transfer, as per agreed terms and
conditions in this AGREEMENT.

PROCEDURES:
APPROPRIATE PROCEDURES TO BE INSERTED DEPENDING IF TRANSFER OF FUNDS OR OPENING OF ACCOUNTS
1. Investor sends the Agreement to Receiver for reviewing.
2. Receiver reviews the Agreement and returns signed/sealed Agreement to Investor if acceptable. Both
Parties lodge the Agreement to their respective Banks. At the same time, the Sender provides the Receiver with
data for the PGL.
3. The SERVICE PROVIDER issues a CORPORATE PAYMENT GUARANTEE (hereinafter referred to as PGL)
with the full details of the Signatory (physical address, personal email and telephone). The Signatory will confirm
his signature in the PGL with a notary. And then, with the passport and PGL in hand, he makes a high-quality
video so that you can make out the text of the passport and PGL with the notary’s seal.
4. The Investor sends the INTER BANKING SWIFT.COM MT103 GPI (Cash Funds for Investment) during
the “time window” allocated by the Receiver and provides the Receiver with copies of the Swift MT103 GPI
about the shipment.
5. As soon as the SERVICE PROVIDER sees the funds sent by the INVESTOR in his current account, he,
within 24 hours, gives a command to the officers of his bank working hours, transfers funds to third parties (all
Beneficiaries and Intermediaries), according to the details indicated in the PGL.

Investor or “Party-A Page 2 of 10 Partner or “Party-B”:


AGREEMENT NUMBER: GTS-XXXXX-50BI/08/08/2024
DATE: AUGUST 08, 2024

DETAILS OF TRANSACTION INSTRUMENT: VIA INTER BANKING SWIFT.COM MT-103/GPI DIRECT CASH
TRANSFER
INSTRUMENT: (INTER BANKING SWIFT.COM MT103 GPI DIRECT CASH TRANSFER) Cash
Funds for Investment
TOTAL FACE VALUE: €50,000,000,000.00 (Fifteen billion euros) WITH R&E
FIRST TRANCHE: €1,000,000,000.00 (One billion euros)
SECOND TRANCHE: €4,000,000,000.00 (Four billion euros)
TRERD TRANCHE: €5,000,000,000.00 (Five billion euros)
FOURTH TRANCHE: €10,000,000,000.00 (Ten billion euros)
FIFTH TRANCHE: €10,000,000,000.00 (One billion euros)
SITH TRANCHE: €10,000,000,000.00 (One billion euros)
SEVETH TRANCHE: €10,000,000,000.00 (One billion euros)
PAYMENT BY: MT103 Wire Transfer Within or USDT (2 or 3) Banking Days After Receipt,
Authentication & Verification From INVESTOR
SPECIAL REMARKS: All transfer instructions shall state: FUNDS ARE GOOD, CLEAN, CLEARED AND OF
NON- CRIMINAL AND NON-TERRORIST ORIGIN, ARE LIEN FREE AND
UNENCUMBERED, FUNDS ARE PAYBLE IN CASH IN FULL AMOUNT IMMEDIATELY
UPON RECEGPIT BY BENEFICIARY BANK, BASED ON THE SAME DAY VALUE AND
IMMEDIATE CREDIT, THE REMITTER IS KNOWN TO US AND WE ARE SATISFIED
AS TO THE SOURCE OF THE FUNDS SENT TO US - THIS IS DONE WITH FULL
BANKING RESPONSIBILITY

Investor or “Party-A Page 3 of 10 Partner or “Party-B”:


AGREEMENT NUMBER: GTS-XXXXX-50BI/08/08/2024
DATE: AUGUST 08, 2024

NON-SOLICITATION
THE SERVICE PROVIDER hereby confirms and declares that the INVESTOR, its associates or
representatives or any person or persons on its behalf has/have never been solicited by any party, its
shareholders or associates or representatives in any way whatsoever that can be construed as a solicitation
for this transaction or for future transactions.
Any delay in or failure of performance by either party of their respective obligations under this agreement
shall constitute a breach hereunder and will give rise to claims for damages if, and to the extent that such
delays or failures in performance are not caused by events or circumstance beyond the control of such
party.
The term “Beyond the Control of Such Party” includes Act of War, Rebellion, Fire, Flood, Earthquake
or other natural disasters. Any other cause not within the control of such party or which is by exercise of
reasonable diligence, the party will be unable to foresee, prevent, or remedy.

REPRESENTATIONS AND WARRANTIES


Organization It is duly organized, validly existing and in good standing under the laws of its
jurisdiction of formation with all requisite power and authority to enter into this AGREEMENT, to perform its
obligations hereunder and to conduct the business of the Program and the Subsidiaries.
Enforceability This AGREEMENT constitutes the legal, valid and binding obligation of such party
enforceable in accordance with its terms.
Consents and Authority No consents or approvals are required from any governmental authority or
other Person for it to enter into this AGREEMENT. All action on the part of such party necessary for
the authorization, execution and delivery of this AGREEMENT and the consummation of the t ransactions
contemplated hereby by such party, have been duly taken.
No Conflict The execution and delivery of this AGREEMENT by it and the consummation of the
transactions contemplated hereby by it do not conflict with or contravene the provisions of its organizational
documents or any agreement or instrument by which it or its properties or assets are bound or any law, rule,
regulation, order or decree to which it or its properties or assets are subject.
SERVICE PROVIDER It has been afforded the opportunity to seek and rely upon the advice of its own attorney,
accountant or other professional advisor in connection with the execution of this AGREEMENT. The PARTIES
shall do so in respect of each other and under this AGREEMENT written conditions.

MISCELLANEOUS NOTICE(S)
Any modifications, amendments, addendums or follow-on contracts will be executed by the two
authorized signatories respectively. When signed and referenced to this AGREEMENT, whether received by
mail or facsimile transmission as all and any facsimile or photocopies certified as true copies of the originals
by the PARTIES hereto shall be considered as an original, both legally binding and enforceable for the term of
this AGREEMENT.

Specific Performance; Other Rights


The PARTIES recognize that several of the rights granted under this AGREEMENT are unique and,
accordingly, the PARTIES shall, in addition to such other remedies as may be available to them at law or in
equity, have the right to enforce their rights under this AGREEMENT by actions for injunctive relief and
specific performance.

Prior Agreements; Construction; Entire Agreement


This AGREEMENT, including the Exhibits and other documents referred to herein (which form a part
hereof), constitutes the entire agreement of the PARTIES with respect to the subject matter hereof, and
supersedes all prior agreements and understandings between them as to such subject matter and all such
prior agreements and understandings are merged herein and shall not survive the execution and delivery
hereof. In the event of any conflict between the provisions of this AGREEMENT and those of any joint
venture’s agreement, the provisions of the applicable joint venture agreement shall control.

Investor or “Party-A Page 4 of 10 Partner or “Party-B”:


AGREEMENT NUMBER: GTS-XXXXX-50BI/08/08/2024
DATE: AUGUST 08, 2024

Amendments
This AGREEMENT may not be amended, altered or modified except (i) upon the unanimous by
instrument in writing and signed by each of INVESTOR and SERVICE PROVIDER.

Severability
If any provision of this AGREEMENT shall be held or deemed by a final order of a competent authority
to be invalid, inoperative or unenforceable, such circumstance shall not have the effect of rendering any other
provision or provisions herein contained invalid, inoperative or unenforceable, but this AGREEMENT shall be
construed as if such invalid, inoperative or unenforceable provision had never been contained herein so as to
give full force and effect to the remaining such terms and provisions.

Counterparts
This AGREEMENT may be executed in one or more counterparts, all of which shall be considered one
and the same agreement and shall become effective when one or more such counterparts have been signed
by each of the PARTIES and delivered to each of the PARTIES.

Applicable Law; Jurisdiction


This AGREEMENT shall be governed by and construed in accordance with the laws of the Germany.

Waiver of Jury Trial


The PARTIES hereto hereby irrevocably and unconditionally waive trial by jury in any legal action
or proceeding relating to this AGREEMENT and for any counterclaim therein.

Arbitration
Every attempt shall be made to resolve disputes arising from unintended or inadvertent violation of this
contractual agreement as far as possible amicably. In the event that adjudication is required local legal process
shall be preceded with according to the prince GPI al of the ICC as above indicated. Where judicial resolution is not
thereby achieved, this matter shall be settled by the ICC itself and the decision of which the PARTIES shall consider
to be final and binding. No State court of any nation shall have subject matter jurisdiction over matters arising
under this AGREEMENT.
No Rights of Third Parties
(i) This AGREEMENT is made solely and specifically between and for the benefit of the parties hereto
and their
(ii) respective members, successors and assigns subject to the express provisions hereof relating to
successors and assigns, and (ii) no other Person whatsoever shall have any rights, interest, or claims
hereunder or be entitled to any benefits under or on account of this AGREEMENT as a third-party
beneficiary or otherwise.
Survival
The covenants contained in this AGREEMENT which, by their terms, require performance after the
expiration or termination of this AGREEMENT shall be enforceable notwithstanding the expiration or other
termination of this AGREEMENT.

Headings
Headings are included solely for convenience of reference and if there is any conflict between
headings and the text of this AGREEMENT, the text shall control. Currency

Any exchange of funds between INVESTOR and SERVICE PROVIDER shall be made in the same currency in
which INVESTOR transferred the investment fund. In addition, all calculations pursuant to this
AGREEMENT and any joint venture agreement shall be based on ICC regulations.

SIGNATURES OF PARTIES
AGREED AND ACCEPTED BY PARTY A:
COMPANY NAME: XXXXXXXXXXX
REPRESENTED BY: XXXXXXXXXXXXXXX

Investor or “Party-A Page 5 of 10 Partner or “Party-B”:


AGREEMENT NUMBER: GTS-XXXXX-50BI/08/08/2024
DATE: AUGUST 08, 2024

PASSPORT NO.: XXXXXXXXXX


DATE OF ISSUE: XXXXXXXXXXXXXXX
DATE OF EXPIRY: XXXXXXXXXXX
COUNTRY OF ISSUE: XXXXXXXXXXXXX
DATE: AUGUST 08, 2024

AGREED AND ACCEPTED BY PARTY B:


COMPANY NAME: IMC CORP.
REPRESENTED BY: MARIO MARENBACH CEO
PASSPORT NO.: C1300074J
DATE OF ISSUE: 22.01.2020
DATE OF EXPIRY: 21.01.2030
COUNTRY OF ISSUE: GERMANY
DATE: AUGUST 08, 2024

PARTY “A” - PASSPORT COPY

Investor or “Party-A Page 6 of 10 Partner or “Party-B”:


AGREEMENT NUMBER: GTS-XXXXX-50BI/08/08/2024
DATE: AUGUST 08, 2024

PARTY “A” - CERTIFICATE OF INCORPORATION

Investor or “Party-A Page 7 of 10 Partner or “Party-B”:


AGREEMENT NUMBER: GTS-XXXXX-50BI/08/08/2024
DATE: AUGUST 08, 2024

PARTY “B” PASSPORT COPY

Investor or “Party-A Page 8 of 10 Partner or “Party-B”:


AGREEMENT NUMBER: GTS-XXXXX-50BI/08/08/2024
DATE: AUGUST 08, 2024

PARTY “B” - CERTIFICATE OF CORPORATE

Investor or “Party-A Page 9 of 10 Partner or “Party-B”:


AGREEMENT NUMBER: GTS-XXXXX-50BI/08/08/2024
DATE: AUGUST 08, 2024

“ELECTRONIC SIGNATURE IS VALID AND ACCEPTED AS HAND SIGNATURE” EDT (ELECTRONIC DOCUMENT
TRANSMISSIONS)
EDT (ELECTRONIC DOCUMENT TRANSMISSIONS) SHALL BE DEEMED VALID AND ENFORCEABLE IN RESPECT OF ANY
PROVISIONS OF THIS CONTRACT. AS APPLICABLE, THIS AGREEMENT SHALL BE:

1. INCORPORATE U.S. PUBLIC LAW 106-229, ‘‘ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL
COMMERCE ACT’’ OR SUCH OTHER APPLICABLE LAW CONFORMING TO THE UNCITRAL MODEL LAW ON
ELECTRONIC SIGNATURES (2001) AND

2. ELECTRONIC COMMERCE AGREEMENT (ECE/ TRADE/257, GENEVA, MAY 2000) ADOPTED BY THE UNITED
NATIONS CENTRE FOR TRADE FACILITATION AND ELECTRONIC BUSINESS (UN/CEFACT).

3. EDT DOCUMENTS SHALL BE SUBJECT TO EUROPEAN COMMUNITY DIRECTIVE NO. 95/46/EEC, AS


APPLICABLE. EITHER PARTY MAY REQUEST HARD COPY OF ANY DOCUMENT THAT HAS BEEN PREVIOUSLY
TRANSMITTED BY ELECTRONIC MEANS PROVIDED HOWEVER, THAT ANY SUCH REQUEST SHALL IN NO MANNER
DELAY THE PARTIES FROM PERFORMING THEIR RESPECTIVE OBLIGATIONS AND DUTIES UNDER EDT INSTRUMENTS.

Investor or “Party-A Page 10 of 10 Partner or “Party-B”:

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