Doa Bank To Bank Vietnam-Mfans
Doa Bank To Bank Vietnam-Mfans
Doa Bank To Bank Vietnam-Mfans
ALL CASH TRANSFER DONE VIA DIRECT WIRE TRANSFERS OR WIFT MT103 TT
Agreement Number: P10-XXX/MT103-2B/20230824
Transaction Code: R6578VNNFAN8497161A468
Date: October 12, 2023
PARTY-A: “INVESTOR”
COMPANY NAME: TOLIKETHERM VERTRIEBS GMBH
COMPANY ADDRESS Bräustr. 3, 84437 Reichertsheim, Germany
COMPANY REG.NO. HRB 24612
REPRESENTED BY: MR. KURT BEIS / DIRECTOR
PASSPORT NUMBER: CF8N30Y2M
DATE OF ISSUE: 17.03.2021
DATE OF EXPIRY: 16.03.2031
COUNTRY OF ISSUED: DEUTSCH
BANK NAME: DEUTSCHE BANK AG, MUNICH
BANK ADDRESS: Promenadenplatz 15, 80271 München, Germany
ACCOUNT NUMBER (€): DE11 7007 0010 0156 2800 00
ACCOUNT NAME: TOLIKETHERM VERTRIEBS GMBH
SWIFT CODE: DEUTDEMMXXX
BANK OFFICER NAME: Mrs. Katja Buttinger
BANK OFFICER EMAIL: katja.buttinger@db.com
BANK OFFICER PHONE: +49 89 2390 1159
Hereinafter referred to as the “Investor” or “Party-A” on the one hand, and
PARTY-B: “RECEIVER”
COMPANY NAME:
COMPANY ADDRESS IN VIETNAM
COMPANY REG.NO.
ID TAX (EIN):
REPRESENTED BY:
PASSPORT NUMBER:
DATE OF ISSUE:
DATE OF EXPIRY:
COUNTRY OF ISSUED:
BANK NAME: BANK IN VIETNAM
BANK ADDRESS:
ACCOUNT NUMBER (€):
ACCOUNT NAME:
SWIFT CODE:
BANK OFFICER NAME: BO
BANK OFFICER EMAIL:
BANK OFFICER PHONE:
Hereinafter referred to as the “Receiver/ Developer” or “Party-B” on the other hand, both
together and individually herein after referred to as the "Parties", conclude this agreement of such
content, hereinafter referred to as the "Agreement”
Whereas the Parties hereto are desirous of entering into this Agreement for the purpose of
developing their own investment projects contemplated herein for the mutual benefit only and not
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1. SUBJECT OF AGREEMENT:
1.1. In accordance with the provisions of this Agreement and general principles and regulations
of the management of the financial resources the Investor instructs, and the “Developer”
undertakes to manage investment plans accepted by parties and invested by Investor by this
Agreement.
1.2. The Investor's financial resources made available to the “Developer” hereinafter referred
to as the "Investments".
1.3. According to the laws of and for execution of the Law of About the regime of foreign
international investing for two parties, the subject of this Agreement is a joint investment activity of
the Partners, which is not connected with creation of new legal entities, on the following directions:
investments in commercial sphere, social, innovative projects etc.
1.4. The High Contracting "Parties", in order to strengthen bilateral friendly international
relations are intended to cooperate in the following make own projects at the expense of own funds
and financial opportunities as well as attracting involving partners.
1.4.1. Promoting involvement in the real economy, and private regional priority investment
projects;
1.4.2. Promoting a balanced and sustainable growing system of financial support for projects and
programs in priority areas;
1.4.3. Minimizing investment and commercial risks involved in the implementation of projects.
And also, can carry out reinvestment in the objects of the primary investment and other objects of
investment and reinvestment.
2.2. For realization of the investment programs the Parties bring the foreign investment in
convertible currency during validity hereof according to the schedule fixed by the Parties, agreed
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currency amounts and tranches which are reflected in additional agreements hereto
2.3. The Parties can extend kinds and spheres of investment activity and if necessary make
the Additional agreements.
2.4. Addendum and changes may be brought to this Agreement by mutual agreement of the
Parties, which are to be formed by separate protocols, which, after the signing of “Parties”, are
considered as integral part hereof.
3.3.2. Concludes contracts, agreements, and other agreements necessary for realization of its
investment programs.
3.3.3. Acquires export-import quotas and licenses for export and import of commodities and
products.
3.3.4. Provides Party A with all necessary legal, financial and other documents, related to the
fulfillment hereof.
3.3.5. Can invest money during validity of this Agreement according to the current legislation.
3.3.6. Carries out economic activity to fulfill own investment programs, makes debt liquidation on
all kinds of expenses, payment of commodities and services, got by each of the Parties, transfers
facilities for payment of salaries and other types of rewards, finance all kinds of charges.
3.3.7. Attracts other legal entities and individuals for realization of the investment programs under
the present Agreement.
3.3.8. Attracts investments and financial assets, including credit and loan facilities of residents
and not residents aimed on execution of investment activity.
Now, therefore in consideration as herein set out and in consideration of the understanding, as well
as of here good valuables purposes, the adequacy and receipt of which is hereby acknowledged
by Parties as follows:
Party-A is ready to start project financing in the volume and follows the sequence:
The Party-B provides the funding necessary for implementation development projects through their
own EURO currency funds.
For the total amount of investments is € 2,000,000,000.00 (TWO BILLION) EURO with Rolls &
Extensions during a time period of THREE (3) months:
5. TRANSACTION PROCEDURE:
5.1. Provides completes/signs/seals this Agreement and submits them to Party-A via e-mail,
along with the compliance documents, which shall include the following:
• Present Agreement (PAIFC), with all annexes;
• Copy of the authorized signatory’s passport;
5.2. Party-A verifies, approves, completes and counter signs/seals this Agreement, and
forwards the whole package along with its compliance documents to mandate of PARTY-A.
PARTY-A mandate is to do hard copies contract a puts his signature / scanning the Agreement and
sends by e-mail BOTH Parties in PDF format to place the bank by e-mail (Hard copies to be
exchanged by courier service, if requested) which shall include the following:
• Present Agreement (PAIFC), with all annexes;
• Copy of the authorized signatory’s passport
5.3. Each Party puts this Agreement in his nominated bank and notifies the Party through its
authorized with an official mandate.
5.4. After Transmission copy SWIFT MT103 referring to Main Agreement Number: TOL-
XXX/MT103-2B/20230824 signed on date: October 12, 2023, the Investor’s bank issues an
unconditional EURO funds SWIFT MT103 TT in 24 (Twenty Four) banking hours wire transfer to
Developer’s bank, in accordance with the following schedule of investments: First Tranche: €
10,000,000.00 (TEN MILLION) EURO.
the Parties may disclose the confidential information to an assistant, agent or employee who has
agreed in writing to keep such information confidential and to whom disclosure is necessary for the
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7. CODES OF IDENTIFICATION:
7.1. The Parties agree that all documents related to the transactions bear the codes listed on
page 01 of this Agreement and that the said codes remain unchangeable within this Agreement
duration, including all rollovers, extensions and additions (HA-AHCC-06).
8. COMMUNICATION:
8.1. Communication with banks will be limited to those between the Investor’s bank and
Developer’s bank and only by between authorized bank officers/representatives, including
principals of the Investor and the Developer, in the course of completion of this transaction. No
communication by any other party is permitted without prior written consent of the named account
holders.
8.2. Any notice to be given hereunder from either Party to the other shall be in writing and shall
be delivered by fax to the telefax number or by e-mail to e-mail address of the respective Party as
provided herein. The Parties agree that acknowledged e-mail or telefax copies are treated as
legally binding original documents. E-mail copies scanned and sent on e-mail as photo, of this
Agreement and exchange of correspondence duly signed and/or executed shall be deemed to be
original and shall be binding and are regarded as original and good for any legal purpose.
8.3. EDT-Electronic Document Transmittal & Counterparts:
This Agreement may be executed in multiple copies at different times and places, each being
considered an original and binding. All facsimile /electronic transmittal/communications, including
electronic signature, relating to this Agreement and which are mutually accepted by the Parties,
shall be deemed legally binding and enforceable documents for the duration of the transaction.
And as applicable, this Agreement shall:
• 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);
• Electronic Commerce Agreement (ECE/TRADE/257, Geneva, May 2000) adopted by the
United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT);
• All electronically submitted documents shall be subject to the European Community
Directive No. 95/46/EEC, as applicable.
9. VALIDITY:
9.1. Once this Agreement is signed by both Parties the transaction shall begin within two (2)
banking days or sooner, excluding Saturdays and Sunday and any bank holidays. Full
Understanding:
PARTY-A / INVESTOR: Page 6 of 12 PARTY-B / RECEIVER
PARTNERSHIP AGREEMENT ON INVESTMENT AND FINANCIAL CO-OPERATION
ALL CASH TRANSFER DONE VIA DIRECT WIRE TRANSFERS OR WIFT MT103 TT
Agreement Number: P10-XXX/MT103-2B/20230824
Transaction Code: R6578VNNFAN8497161A468
Date: October 12, 2023
9.2. The latest edition/signature of this Agreement, executed by each party in originals,
represents the full understanding between the Parties and supersedes all other undertakings,
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whether verbal or written. All statements and representations are made without any omission of
material fact and with full corporate and legal responsibility under penalty of perjury.
9.3. The Parties hereto accept that should the present Agreement partially or in full be found
invalid or unenforceable pursue ant to judicial decree or by virtue of any international regulations
related to bank confirmation of USD/EUR validity, this Agreement shall be reconstructed upon
mutual consent and agreement of both Parties to this commercial Agreement.
9.4. Until the physical exchange of original hard copies, the acknowledged e-mail copies of this
Agreement shall be deemed original.
9.5. The commission payable under this Agreement is to be distributed in accordance with the
Irrevocable Fee Protection Agreement.
10. ASSIGNMENT:
9.6. Each Party to this Agreement may assign this Agreement or its total or partial performance
hereof to any other company which assumes the obligations of the assigning party under the terms
of the assignment. Formal notice of the assignment shall be rendered to the other party to this
Agreement expressly indicating there on the assignee's full contact particulars.
penalty fee of (against an official claim and invoice) 2% (Two Percent) of the face value of this
Agreement.
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9.12. The only party allowed to make a claim under this Agreement, if any, is either Party A or
TOLIKETHERM VERTRIEBS GMBH. And any claim must be first proven by the Injured-Party and
invoice settled by the Party-in Default within 10 (ten) calendar days, or else the Injured-Party can
file a legal claim against Party-in Default in any court of jurisdiction of their choice. Furthermore,
we, the undersigned Parties, hereby swear under the international laws or perjury and fraud that
the information provided by us herein is accurate and true, and by affixing our signatures
/initials/seals to this Agreement, we attest that our respective banking officers are fully aware of,
have approved and are ready proceed with this transaction.
14. SIGNATURES:
IN WITNESS WHEREOF, the below named parties have signed and executed this Agreement and
its appendices. As free expression of their will, they hereby affix below their signatures on this
document. A facsimile and/or e-mail copy of this document, and any other related documents, shall
be all deemed equally valid as the original of this document.
FOR AND ON BEHALF OF PARTY “A” FOR AND ON BEHALF OF PARTY “B”
TOLIKETHERM VERTRIEBS GMBH .........................
The Parties hereto have executed this Agreement on the date above written, providing each Party
only ONE (1) original copy thereof.