APPENDIX 9: FEE PROTECTION AGREEMENT (FPA)
Payer:
BANK NAME:
BANK ADDRESS:
ACCOUNT NAME:
SWIFT CODE:
ACCOUNT NUMBER
BANK OFFICER:
BANK TELEPHONE/FAX:
BANK OFFICER EMAIL:
I, Mr.xxxxxx, holder of passport number: xxxxxxx as President/CEO of “xxxxxxxxx COMPANY LIMITED” Located at: xxxxxxxxxxxxxxxxxxxTHAILAND and as a Payer, hereby irrevocably and unconditionally, without protest, demand or delay, promise and guarantee to pay Consultancy Fees of Five percent (5%) of the face value of the instruments, for the benefit of the consultants being hereinafter called collectively the “Beneficiaries” and individually a “Beneficiary”.
The said consultancy fee shall be paid upon the successful closing of each and every tranche concurrently with each payment of the instruments purchased by us. Further, the said consultancy fees shall be paid in good, clean clear and unencumbered Euros/Dollars and delivered, via Wire Transfer, to your designated trust/bank account coordinates.
We hereby declare that we are fully aware that the information received from you is in direct response to our request and is not in any way considered or intended to be a solicitation of funds of any sort, or any type of offering, and is intended for our general knowledge only. We hereby affirm, under penalty of perjury, that we have requested information from you and your organization by our choice and free will, and further that you have not solicited us in any way. Intermediaries are NOT Advisors of any kind.
Parties to this agreement are independent contractors and all contemplated payments and/or disbursements hereunder are divided interests. Nothing in this agreement construes or creates a partnership or employer/employee relationship between or among the parties hereto. All taxes, federal, state or other are the independent responsibility of each of the parties hereto.
The above stated codes and any other identification codes shall remain the same and shall not be changed until this transaction including any renewals, extensions and additions are fully completed and we agree to respect those. The transaction code may be amended only by agreement between all parties hereto. This transmission via facsimile will be accepted as an original and I confirm that I have authority to execute this Agreement.