Asset Capital Mortgage Corporation
Engagement Agreement of Financial Services
Suite #203, 10023 - 168 Street, Edmonton Alberta T5P 3W9 Canada Tel: (780) 461-1777 Fax: (780) 440-9555 Toll Free 1-866-992-7738 acmc@interbaun.com Clients Initial: ________ ACMC Agent: _________
This Engagement Agreement is between Asset Capital Mortgage Corporation (“ACMC") and
Full name
(the “Client”), of
City and State/Province
This Engagement Agreement is Application for debt and/or equity financing for the purpose of: ___________________________________________________________________________
ACMC AND THE CLIENT ACKNOWLEDGE AND AGREE AS FOLLOWS:
1. SCOPE OF SERVICES 1.1. The Client has contracted and authorized ACMC to introduce to the Client debt and/or equityfinancing sources; specifically these are Lender(s) and/or their agents who will provide Financial Commitments to the Client.
1.2. This shall be for the purpose of allowing the Client to meet their goals and objectives pursuant
to the business and plans of the Client.
2. ENGAGEMENT FEE 2.1. An engagement fee of ______ for help to become investment ready, disbursements and
expenses connected with the assessment of and transmission of the application to Lender(s) shall be paid to ACMC upon signing of this agreement. In consideration of the time, effort and expenses by ACMC incurred in review and study of any documents, appraisals, financial statements, plans, inspections, legal review, consultations with client and loss of opportunity, it being further acknowledged and agreed by the Client that the actual determination of said costs and expenses so incurred is not feasible and the said sum represents a reasonable estimate of compensation to initiate the contract.
2.2. Should ACMC introduce to the Client a Lender(s) who invests and/or lends money, properties,
or anything of value into the Project, regardless of the form such proceeds are so invested, the Client agrees to pay as contracted consideration under this Agreement ___________ percent (___%) of the proceeds (or value) so invested and/or loaned to the Client. Consideration shall be based upon the gross amount committed, prior to any deductions, expenses, or offsets of any kind, and shall be paid to ACMC upon accepted commitment, whether or not the commitment is drawn upon. This includes Bridge Financing committed to the Client payable upon accepted commitment, whether or not drawn upon. This contract provision for consideration, as relates to financing, shall last for a period of seven (7) years from the date any Lender(s) first invests / lends to the Client’s Project.
2.3. Should a Lender(s) introduced to the Client by either ACMC or ACMC’s Agent, invest / lend
additionally in the Client's Projects, after the initial investment is made, the Client will pay to ACMC an additional contracted fee of ______________ percent (____%) of any such additional funds (or value) later invested. This fee shall be paid to ACMC upon the accepted commitment of such funds.
2.4. The Client shall pay ACMC in the same currency as obtained in the accepted commitment. 2.5. Should the Client require funding for another or future project, they would be required to
complete a separate Engagement Application and Agreement for Financial Services as each application, project or deal is negotiated separately.
ACMC – AFS - 2004
International Financial and Business Consulting
Page 1 of 2
Engagement Agreement for Financial Services
3. CONFIDENTIALITY 3.1. ACMC shall hold all information relating to the Project as strictly confidential and not disclose
such information to any third party except to Lender(s) and/or their Agents for the purpose described in Section I of this Agreement.
3.2. The Client hereby warrants that any and all information provided to ACMC for the purpose of
obtaining financial commitment shall be true and correct to the best of Client’s knowledge. False information discovered shall halt any and all emission of funding at the Lender(s) or ACMC’s discretion.
4. NON-CIRCUMVENTION 4.1. The Client holds ACMC harmless from any and all types of court actions or costs, from all legal
expenses and legal fees for anything ACMC does hereunder in good faith.
4.2. The Client shall not circumvent ACMC by contacting the Lender(s) or their Agent(s), directly or
indirectly, for any financing request whether or not related to the Project, for a period of seven (7) years from the date of this Agreement without ACMC’s written authorization.
4.3. Any violation of 4.2 shall be swiftly prosecuted to the fullest extent of the law. 5. MISCELLANEOUS 5.1. This Agreement shall be binding upon all parties and their respective estates, heirs, associates,
affiliates, successors, and permitted assigns and shall include all subsidiaries thereof, successor companies, affiliated companies and officers or owners of said companies, all herein referred to as the Client.
5.2. The Client agrees and acknowledges that section 2.2 and 2.3 are due/payable and fully earned
by ACMC immediately upon accepted commitment whether or not drawn upon by the Client.
5.3. The Client agrees that a caveat may be registered on the subject property to more fully secure
the payment of costs relative to this mortgage.
5.4. The Client agrees that upon obtaining a financial commitment, an ACMC administration /
document charge of $100.00 per client file is payable on closing date of file.
5.5. Faxed copies of this Agreement and Application shall be accepted as originals. 5.6. This Agreement is governed by the laws of the Province of Alberta, Canada. 5.7. This is the entire Agreement between the Client and ACMC and contains all the promises,
representations, obligations, and liabilities of one to the other. WITNESS our hands on this _________ day of ___________________, 200___.
Asset Capital Mortgage Corporation
Company Name
Larry E. Zachow
Printed Full Name
President
Title Title
Authorized Signatory
Authorized Signatory
Print Witness Name
Print Witness Name
Witness Signature
Witness Signature
ACMC – AFS – 2004
International Financial and Business Consulting
Page 2 of 2