3.3.1 Calculated base on % of the TRANCHE AMOUNT (in USD) and EXCHANGE RATE as per ARTICLE 3.2, HKD PROVIDER shall transfer the equated sum of HKD FUNDS to USD PROVIDER’S designated Bank Account as per USD PROVIDER’S BANKING COORDINATES to be Annexed to this Agreement.
3.3.2 HKD PROVIDER shall retain the % of the TRANCHE AMOUNT (in USD) as its BONUS.
3.3.3 HKD PROVIDER shall transfer % of the TRANCHE AMOUNT (conversion in HKD) to INTERMEDIARIES PAYMASTER of HKD PROVIDER as per IRREVOCABLE MASTER FEE PROTECTION AGREEMENT to be Annexed to this Agreement.
ARTICLE 4.0 CLOSING PROCEDURES:
4.1 Upon the signing of this Private Currency Exchange Agreement (PCEA), HKD PROVIDER agrees to provide a copy of the Current dated Bank Statement of their Proof of Funds to be attached to this PCEA within 3 Banking Days.
4.2 In the event that if the Proof of Funds is not the Paying Bank for the Cost and the Fees under the FPA, then HKD PROVIDER shall put in writing to inform the USD
PROVIDER of their new Banking Coordinates for the release of the Funds to all designated account of all the Beneficiaries concerned.
4.3 After that the USD PROVIDER shall provide (i) Fund Ownership Declaration; (ii) History of Fund; (iii) Letter of Authorization to Verify and (iv) the Delivery Schedule to the HKD PROVIDER’s designated Bank for counting and checking, and the HKD PROVIDER shall also provide the Mapping of the exact location / schedule has to be in writing and to be agreed by both the parties.
4.4 Upon in receipt of the Notes, at the HKD PROVIDER’s designated receiving location with Account Name/Number, their assigned Bank Officer in charge shall have no objection to receive the Notes. Penalty shall be imposed if the bank disallowed the receiving of the Notes at the HKD PROVIDER‘s receiving bank.
ARTICLE 5.0 CHECKING AND COUNTING
HKD PROVIDER’s Bank Officer shall undertakes to count check all notes. Bad Notes and unaccepted ones shall be return to the USD PROVIDER’s. The closing time for the counting stopped at 3:30 pm, the verified good notes shall be taken into account of the HKD PROVIDER for the exchange on the last Inter-Bank Exchange rates .By 4:30 pm the HKD PROVIDER’s Bank shall make all transfer to the USD PROVIDER’s Main Bank Account and also to the Beneficiary/ies Bank Account under the FPA without any Protest or delayed. In the event if there are any left over in the First Tranche of USD Five Hundred Million, then the HKD PROVIDER’s Bank Officer shall take note of the amount of Notes uncounted and shall issue a receipt to the USD PROVIDER for the Next day counting process.
5.1 Both USD PROVIDER and HKD PROVIDER shall duly execute this AGREEMENT as legal binding agreement between BOTH PARTIES for commencement of this Currency Exchange Transaction. BOTH PARTIES’ SIGNATORIES shall execute this AGREEMENT in Person at a mutually agreed Table-Top Meeting’s Date and Time. At the Table-Top Meeting, both SIGNATORIES shall complete their respective full BANKING COORDINATES to receive the Notes and to pay for the exchange and to verify the Funds of the HKD PROVIDER and exchange SIGNATORIES’ Passport
Copy or Identity Copy together with Mandate Appointment Letter to authenticate their respective signatory power to this AGREEMENT.
5.2 Immediately upon execution of this AGREEMENT, USD PROVIDER shall make necessary arrangement for the delivery of the US NOTES; and HKD PROVIDER shall make necessary arrangement for the transacting BANK.
5.3 HKD PROVIDER shall provide the transacting BANK’S Locality, meeting’s Date and Time, and TRANCHE AMOUNT to the USD PROVIDER at least 3 Banking Days before the transaction take place and BOTH PARTIES agreed that the TRANCHE AMOUNT is subject to the transacting BANK.
5.4 On the transacting BANK’S Locality at the specified Date and Time as per ARTICLE 5.3, USD PROVIDER shall deliver the pre-determined TRANCHE AMOUNT of US NOTES to the BANK.
5.5 The Bank Officer(s) of the BANK shall officially take over the US NOTES and proceed to the Notes Counting and Verifying Area together with BOTH PARTIES. No PARTY shall leave the BANK’S Notes Counting and Verifying Area until the completion of the transaction and during the course of Counting and Verifying the US NOTES, all rejected US NOTES would be handled according the Banking Regulations in Hong Kong S.A.R. by the BANK or Bank Authorities In China.
5.6 Upon completion of the counting and verifying of the US NOTES, the Bank Officer(s) would produce an official Check List and Bank Deposit Slip to be completed and signed by the HKD PROVIDER. Actual amount of USD FUNDS (TRANCHE AMOUNT less rejected US NOTES’ Amount) shall be credited to the HKD PROVIDER’S designated Bank Account; simultaneously, HKD PROVIDER shall instruct his Bank
Officer(s) to make payment to USD PROVIDER (in HKD) and all PAYMASTERS (in HKD) according to ARTICLE 3.2.
5.7 Subsequent Tranches shall repeat the same PROCEDURES from ARTICLE 4.3 to ARTICLE 4.5.