FORTIS BANK
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SDS/9CASE
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Your account
manager :
|
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REMEDENT NV
|
Eelbode Filip
|
|
Xavier De Cocklaan
42
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Bollebergen 2A
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9831 DEURLE
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9052 ZWIJNAARDE
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|
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Tel : +32
92.40.93.09
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Our reference
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Date
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023331924/SDS/9CASE
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May 3, 2005
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Dear Madam, Dear
Sir,
We have pleasure in informing
you of our willingness to modify your credit opening with number
023331924, as stipulated below.
This credit opening is
subject to the General Terms and Conditions for credit openings to
companies, registered in Brussels, sixth registration office, on
August 24, 2001, book 271, sheet 65, section 7, hereafter called
“the General Terms and Conditions”,
FORMS OF USE,
MODALITIES AND CONDITIONS
Until further notice, the
following forms of use, modalities and conditions apply:
MIXED CREDIT (Contract Number
245-4225043-10)
•
Amount
: EUR 1,050,000.00 (one million fifty thousand
euros)
•
Special
condition :
All bills can be drawn up
Omega Pharma exclusively.
This mixed credit can be used
under any form of use mentioned below, however, without exceeding
the total amount of EUR 1,050,000.00.
TRANSFEROR DISCOUNT (CONTRACT
NUMBER 245-4225044-11)
•
Modalities:
This credit can be used under
the form of a discount of bills drawn by you on and accepted by
your customers.
Each bill must have a minimum
amount of 1,250.00 EUR. This minimum amount can be modified with a
simple notification.
We reserve the right not to
discount the bills offered, without informing you of the reason for
our refusal.
Each bill is discounted with
the usual reservation of a good ending. We have the right to demand
immediate reimbursement and possibly debit your account with the
amount of discounted bills for which funds were not or only partly
provided or for which you would have the funds transferred to you,
without having received our written approval. We have the same
right if one of the signatories files for bankruptcy or
composition.
The circulation of the bills
must be spread over various parties involved.
•
Rates:
- Interests : for the
discounting of bills in euro: calculated on the basis of our
Bank’s basic interest rate for discounts, currently 5.45%,
plus 2% per year. To calculate the interests, the months are taken
into account, considering the proper number of days and a 360-day
year.
This interest rate only
applies to discounts of bills which meet the following
conditions:
•
of a good
quality;
•
with a maximum
remaining term of one year;
•
drawn on the
occasion of a commercial transaction.
Bills which do not meet these
conditions, may be discounted at an interest rate you will then be
informed of.
- Docket costs :
1‰ per bill, with a minimum of EUR 4.96 per bill.
- Collection costs :
see Fortis Bank Belgium’s rates for domestic bank
transactions, of which you acknowledge having received a
copy.
- Costs for special
services : if the discount of one or more bills necessitates
the bank to make special inquiries, it reserves the right to charge
a fee of 6,20 EUR per bill.
- Costs for notification
of non-payment : see Fortis Bank Belgium’s rates for
domestic bank transactions. This notification is compulsory
pursuant to article 45 of the law on bills.
You can save yourself these
costs by duly signing and returning the enclosed document to us,
thus relieving us of this formality.
ACCEPTANCE – EXPORT
(CONTRACT NUMBER 245-4225045-12)
•
Modalities:
This credit can be used under
the form of an acceptance and discount of bills drawn on our Bank
(bank acceptance) in representation of your export
transactions.
Each bank acceptance must
have a minimum amount of EUR 1,250.00. This minimum amount can be
modified with a simple notification.
If commercial bills, accepted
or otherwise, are drawn on the buyer in representation of your
export transactions, they must be presented to us together with the
bank acceptances.
For the purpose of
discounting, the bank acceptances must include a certified copy of
the corresponding invoices.
Please ensure that your
account has a sufficient credit balance to pay the bank acceptances
on their expiry date. We request that you inform us as soon as
possible, within the scope of your export transactions, of any full
or partial payment by your buyer before the expiry date of the bank
acceptances.
We reserve the right not to
discount the bills offered, without informing you of the reason for
our refusal.
•
Rates:
- Interests for bills in
euro : calculated on the basis of our Bank’s basic
interest rate for bank acceptances, currently 4.45% per year. To
calculate the interests, the months are taken into account,
considering the proper number of days and a 360-day
year.
- Acceptance costs :
1.5% per year, with a minimum of EUR 100.00, fully owed for each
month commenced.
- Costs for special
services : if the discount of one or more bills necessitates
the bank to make special inquiries, it reserves the right to charge
a fee of 6,20 EUR per bill.
- Docket costs :
1‰ per bill, with a minimum of EUR 4.96 per bill.
ACCEPTANCE – IMPORT
(CONTRACT NUMBER 245-4225046-13)
•
Modalities:
This credit can be used under
the form of an acceptance and discount of bills drawn on our Bank
(bank acceptance) in representation of your import
transactions.
Each bank acceptance must
have a minimum amount of 1,250.00 EUR. This minimum amount can be
modified with a simple notification.
For the purpose of
discounting, the bank acceptances must include a certified copy of
the corresponding invoices.
Please ensure that your
account has a sufficient credit balance to pay the bank acceptances
on their expiry date at the latest.
We reserve the right not to
discount the bills offered, without informing you of the reason for
our refusal.
•
Rates:
- Interests for bills in
euro : calculated on the basis of our Bank’s basic
interest rate for bank acceptances, currently 4.45% per year. To
calculate the interests, the months are taken into account,
considering the proper number of days and a 360-day
year.
- Acceptance costs :
1.5% per year, with a minimum of EUR 100.00, fully owed for each
month commenced.
- Docket costs :
1‰ per bill, with a minimum of EUR 4.96 per bill.
- Costs for special
services : if the discount of one or more bills necessitates
the bank to make special inquiries, it reserves the right to charge
a fee of 6,20 EUR per bill.
DOCUMENTARY KREDIET (CONTRACT
NUMBER 245-4225047-14)
•
Modalities:
This credit can be used under
the form of a documentary credit opening by your order and on your
account, payable at sight.
Please use our application
form to apply for any opening of documentary credits.
In addition, the use of any
documentary credit is subject to the pledging of the goods
imported; for this purpose, the shipping documents must be made to
order and endorsed in blank or the goods must be sent in the name
of our Bank.
• Rates:
The fees and costs for the
opening of documentary credits are at your expense and will be
charged on the basis of the rates you have been informed
of.
This mixed credit can be used
under the form(s) of use mentioned below, however, without jointly
exceeding the amount of EUR 500,000.00 for the forms of use
mentioned below and without exceeding the total amount of this
mixed credit of EUR 1,050,000.00 :
CASH CREDIT (CONTRACT NUMBER
245-4374779-75)
Amount :
EUR 500,000 (five
hundred thousand euros)
•
Modalities:
This credit can be used via
account no. 001-4322110-60.
•
Rates:
- debit interests :
calculated on the basis of our Bank’s basic interest rates
for cash, currently 6.7%, plus 0.5% per year.
To calculate the interests,
the months are taken into account, considering the proper number of
days and a 360-day year.
- credit opening costs
: 0.125% per trimester, calculated on the basis of the highest
debit balance and at least on the amount of the credit
allowed.
- exceedance costs :
6% per year, collected every three months after expiry of the
period, for any occasional use in excess of the credit
amount.
Any exceedance which may be
allowed is temporary, exceptional and not renewable.
- costs for periodic
settlement : the three-monthly costs for the operation of the
account, among other things, currently EUR 12.39.
The interests, fees and costs
are charged at the beginning of each subsequent calendar quarter,
for the period expired.
“STRAIGHT LOANS”
CREDIT (Contract No. 245-4374780-76)
Amount:
EUR 500,000
(five hundred thousand Euros)
• Modalities:
This credit is to
be used in the form of fixed term advance payments (
straight loans
).
The amount and
duration of every advance payment shall be determined by mutual
agreement two banking days before withdrawal.
Every
advan
