Additional Conditions of Use of the Overdraft. 3.5.1. In case the Overdraft limit is established in one currency and the Credit Amount or its portion are issued/used in other currency, official exchange rate established by the National Bank of Georgia by the moment of issuance/use shall apply. 3.5.2. In case the Overdraft limit is established in one currency and the relevant Credit Amount or its portion are issued/used in other currency, exceedence of the volume of the Overdraft limit due to the change of the exchange rate shall not be considered to be a violation of this Agreement and the Customer shall fully and properly fulfill obligations assumed under the Agreement. 3.5.3. The Bank is authorized at any time to reject provision of service through banking products determined by the Agreement (including the release of the Credit Amounts) or their portion, if there is any restriction, including public law restriction imposed (registered) on the property and/or intangible assets of the Customer (including the Account) which puts at risk fulfillment of obligations of the Customer towards the Bank. 3.5.4. If at the time of charging (payment) the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement the rates of the Commission Fee and/or the Fine (Penalty) are established by the Legislation (including Regulations of the National Bank of Georgia) the volume of which rates is lower than the rates of the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement, in such a case the maximum interest rate of the Commission Fee and/or the Fine (Penalty) established by the Legislation (including Regulations of the National Bank of Georgia) (if any) shall apply. 3.5.5. The Customer shall, prior to refinancing of the Credit Amount and/or other similar debts, the charged Interest (including as unearned benefit), Commission Fee and Penalty, as well as any other debts from other financial institutions, apply on the above to the Bank in writing 14 (fourteen) calendar days earlier. Furthermore, if the Сredit Amount envisaged by the Agreement does not exceed GEL 2,000,000 (two million) or its equivalent in other currency (at the rate fixed by the National Bank of Georgia at the date of applying to the Bank in writing), the Bank shall ensure covering the above liabilities on the date of the written application or if the written application was made during off-hours, not later than on the next Banking day. In any other case, the Bank shall be entitled to ensure covering of the above liabilities based on the rule set forth in Paragraph 5.2 of the Annex No. 1. 3.5.6. In case of termination of the Agreement before expiration of the term of effectiveness of the Overdraft upon the Customer’s request, the Customer shall, within the term requested by the Bank (and if such term is not specified by the Bank - immediately), in a form acceptable to the Bank, submit to the Bank a document proving the origin of funds used to repay the Credit Amount. In case the Customer fails to discharge the aforesaid obligation, it will be deemed that the Credit Amount is being repaid by the funds from other financial institution, which gives the Bank the right, under the conditions of the Agreement and with no limitation whatsoever, to charge the Customer the Commission Fee for refinancing the used Credit Amount from other financial institutions. 3.5.7. Any Commission Fee, money, funds and/or consideration payable to the Bank under the Agreement or/and other Agreement(s) associated Thereto are indicated net of taxes (including without limitation any tax withholding liabilities in any jurisdiction on indirect taxes).
Appears in 2 contracts
Samples: Overdraft Agreement, Overdraft Agreement
Additional Conditions of Use of the Overdraft. 3.5.1. In case the Overdraft limit is established in one currency and the Credit Amount or its portion are issued/used in other currency, official exchange rate established by the National Bank of Georgia by the moment of issuance/use shall apply.
3.5.2. In case the Overdraft limit is established in one currency and the relevant Credit Amount or its portion are issued/used in other currency, exceedence of the volume of the Overdraft limit due to the change of the exchange rate shall not be considered to be a violation of this Agreement and the Customer shall fully and properly fulfill obligations assumed under the Agreement.
3.5.3. The Bank is authorized at any time to reject provision of service through banking products determined by the Agreement (including the release of the Credit Amounts) or their portion, if there is any restriction, including public law restriction imposed (registered) on the property and/or intangible assets of the Customer (including the Account) which puts at risk fulfillment of obligations of the Customer towards the Bank.
3.5.4. If at the time of charging (payment) the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement the rates of the Commission Fee and/or the Fine (Penalty) are established by the Legislation (including Regulations of the National Bank of Georgia) the volume of which rates is lower than the rates of the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement, in such a case the maximum interest rate of the Commission Fee and/or the Fine (Penalty) established by the Legislation (including Regulations of the National Bank of Georgia) (if any) shall apply.
3.5.5. The Customer shall, prior to refinancing of the Credit Amount and/or other similar debts, the charged Interest (including as unearned benefit), Commission Fee and Penalty, as well as any other debts from other financial institutions, apply on the above to the Bank in writing (including materially or electronically through remote banking service specified by the Bank) 14 (fourteen) calendar days earlier. Furthermore, if the Сredit Amount envisaged by the Agreement does not exceed GEL 2,000,000 (two million) or its equivalent in other currency (at the rate fixed by the National Bank of Georgia at the date of applying to the Bank in writing), the Bank shall ensure covering the above liabilities on the date of the written application or if the written application was made during off-hours, not later than on the next Banking day. In any other case, the Bank shall be entitled to ensure covering of the above liabilities based on the rule set forth in Paragraph 5.2 of the Annex No. 1.
3.5.6. In case of termination of the Agreement before expiration of the term of effectiveness of the Overdraft upon the Customer’s request, the Customer shall, within the term requested by the Bank (and if such term is not specified by the Bank - immediately), in a form acceptable to the Bank, submit to the Bank a document proving the origin of funds used to repay the Credit Amount. In case the Customer fails to discharge the aforesaid obligation, it will be deemed that the Credit Amount is being repaid by the funds from other financial institution, which gives the Bank the right, under the conditions of the Agreement and with no limitation whatsoever, to charge the Customer the Commission Fee for refinancing the used Credit Amount from other financial institutions.
3.5.7. Any Commission Fee, money, funds and/or consideration payable to the Bank under the Agreement or/and other Agreement(s) associated Thereto are indicated net of taxes (including without limitation any tax withholding liabilities in any jurisdiction on indirect taxes).
3.5.8. Notwithstanding anything to the contrary and without prejudice to any other right of the Bank under the Agreement, the Bank is authorized to refuse to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, if (a) the Legislation makes it unlawful or impossible for the Bank to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, and/or (b) maintaining or disbursing or making available the Credit Amount or any part thereof to the Customer is non-compliant with or violates the Legislation and/or any restrictions/limitations prescribed by the Legislation.
3.5.9. In case if the actual area of collateral/mortgaged property does not match data of the National Agency of Public Registry, the Customer shall, within 2 (two) months after conclusion Agreement, guarantee preparement planning drawings of the mortgaged property from the drawings planner and update the data of mortgaged property on an actual area in the National Agency of Public Registry.
Appears in 2 contracts
Samples: Overdraft Agreement, Overdraft Agreement
Additional Conditions of Use of the Overdraft. 3.5.1. In case the Overdraft limit is established in one currency and the Credit Amount or its portion are issued/used in other currency, official exchange rate established by the National Bank of Georgia by the moment of issuance/use shall apply.
3.5.2. In case the Overdraft limit is established in one currency and the relevant Credit Amount or its portion are issued/used in other currency, exceedence of the volume of the Overdraft limit due to the change of the exchange rate shall not be considered to be a violation of this Agreement and the Customer shall fully and properly fulfill obligations assumed under the Agreement.
3.5.3. The Bank is authorized at any time to reject provision of service through banking products determined by the Agreement (including the release of the Credit Amounts) or their portion, if there is any restriction, including public law restriction imposed (registered) on the property and/or intangible assets of the Customer (including the Account) which puts at risk fulfillment of obligations of the Customer towards the Bank.
3.5.4. If at the time of charging (payment) the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement the rates of the Commission Fee and/or the Fine (Penalty) are established by the Legislation (including Regulations of the National Bank of Georgia) the volume of which rates is lower than the rates of the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement, in such a case the maximum interest rate of the Commission Fee and/or the Fine (Penalty) established by the Legislation (including Regulations of the National Bank of Georgia) (if any) shall apply.
3.5.5. The Customer shall, prior to refinancing of the Credit Amount and/or other similar debts, the charged Interest (including as unearned benefit), Commission Fee and Penalty, as well as any other debts from other financial institutions, apply on the above to the Bank in writing 14 (fourteen) calendar days earlier. Furthermore, if the Сredit Amount envisaged by the Agreement does not exceed GEL 2,000,000 (two million) or its equivalent in other currency (at the rate fixed by the National Bank of Georgia at the date of applying to the Bank in writing), the Bank shall ensure covering the above liabilities on the date of the written application or if the written application was made during off-hours, not later than on the next Banking day. In any other case, the Bank shall be entitled to ensure covering of the above liabilities based on the rule set forth in Paragraph 5.2 of the Annex No. 1.
3.5.6. In case of termination of the Agreement before expiration of the term of effectiveness of the Overdraft upon the Customer’s request, the Customer shall, within the term requested by the Bank (and if such term is not specified by the Bank - immediately), in a form acceptable to the Bank, submit to the Bank a document proving the origin of funds used to repay the Credit Amount. In case the Customer fails to discharge the aforesaid obligation, it will be deemed that the Credit Amount is being repaid by the funds from other financial institution, which gives the Bank the right, under the conditions of the Agreement and with no limitation whatsoever, to charge the Customer the Commission Fee for refinancing the used Credit Amount from other financial institutions.
3.5.7. Any Commission Fee, money, funds and/or consideration payable to the Bank under the Agreement or/and other Agreement(s) associated Thereto are indicated net of taxes (including without limitation any tax withholding liabilities in any jurisdiction on indirect taxes).
3.5.8. Notwithstanding anything to the contrary and without prejudice to any other right of the Bank under the Agreement, the Bank is authorized to refuse to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, if (a) the Legislation makes it unlawful or impossible for the Bank to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, and/or (b) maintaining or disbursing or making available the Credit Amount or any part thereof to the Customer is non-compliant with or violates the Legislation and/or any restrictions/limitations prescribed by the Legislation.
3.5.9. In case if the actual area of collateral/mortgaged property does not match data of the National Agency of Public Registry, the Customer shall, within 2 (two) months after conclusion Agreement, guarantee preparement planning drawings of the mortgaged property from the drawings planner and update the data of mortgaged property on an actual area in the National Agency of Public Registry.
Appears in 1 contract
Samples: Overdraft Agreement
Additional Conditions of Use of the Overdraft. 3.5.1. In case the Overdraft limit is established in one currency and the Credit Amount or its portion are issued/used in other currency, official exchange rate established by the National Bank of Georgia by the moment of issuance/use shall apply.
3.5.2. In case the Overdraft limit is established in one currency and the relevant Credit Amount or its portion are issued/used in other currency, exceedence of the volume of the Overdraft limit due to the change of the exchange rate shall not be considered to be a violation of this Agreement and the Customer shall fully and properly fulfill obligations assumed under the Agreement.
3.5.3. The Bank is authorized at any time to reject provision of service through banking products determined by the Agreement (including the release of the Credit Amounts) or their portion, if there is any restriction, including public law restriction imposed (registered) on the property and/or intangible assets of the Customer (including the Account) which puts at risk fulfillment of obligations of the Customer towards the Bank.
3.5.4. If at the time of charging (payment) the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement the rates of the Commission Fee and/or the Fine (Penalty) are established by the Legislation (including Regulations of the National Bank of Georgia) the volume of which rates is lower than the rates of the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement, in such a case the maximum interest rate of the Commission Fee and/or the Fine (Penalty) established by the Legislation (including Regulations of the National Bank of Georgia) (if any) shall apply.
3.5.5. The Customer shall, prior to refinancing of the Credit Amount and/or other similar debts, the charged Interest (including as unearned benefit), Commission Fee and Penalty, as well as any other debts from other financial institutions, apply on the above to the Bank in writing 14 (fourteen) calendar days earlier. Furthermore, if the Сredit Amount envisaged by the Agreement does not exceed GEL 2,000,000 (two million) or its equivalent in other currency (at the rate fixed by the National Bank of Georgia at the date of applying to the Bank in writing), the Bank shall ensure covering the above liabilities on the date of the written application or if the written application was made during off-hours, not later than on the next Banking day. In any other case, the Bank shall be entitled to ensure covering of the above liabilities based on the rule set forth in Paragraph 5.2 of the Annex No. 1.
3.5.6. In case of termination of the Agreement before expiration of the term of effectiveness of the Overdraft upon the Customer’s request, the Customer shall, within the term requested by the Bank (and if such term is not specified by the Bank - immediately), in a form acceptable to the Bank, submit to the Bank a document proving the origin of funds used to repay the Credit Amount. In case the Customer fails to discharge the aforesaid obligation, it will be deemed that the Credit Amount is being repaid by the funds from other financial institution, which gives the Bank the right, under the conditions of the Agreement and with no limitation whatsoever, to charge the Customer the Commission Fee for refinancing the used Credit Amount from other financial institutions.
3.5.7. Any Commission Fee, money, funds and/or consideration payable to the Bank under the Agreement or/and other Agreement(s) associated Thereto are indicated net of taxes (including without limitation any tax withholding liabilities in any jurisdiction on indirect taxes).next
Appears in 1 contract
Samples: Overdraft Agreement
