Authority of the Bank. The Bank and any Authorized Entity are each authorized to accept and open on the Company's behalf all mail or communications received by it or directed in its care. The Bank may make, execute and deliver for, on behalf of and in the name of the Company, any declarations, affidavits or certificates of ownership which the Bank, in its discretion, deems necessary, appropriate or desirable to perform its obligations pursuant to this Agreement.
Authority of the Bank. The undersigned, as President of the Bank, warrants and represents that all requisite corporate action has been taken by the Bank to approve this Agreement, that he has the full authority to execute this Agreement on behalf of the Bank, and that the Bank shall be fully bound by the terms and conditions set forth herein.
Authority of the Bank. 9.1 It is your sole responsibility to familiarize yourself with the operating procedures for the service as will be provided by the Bank upon your registration to the Service. The Bank will not be liable for any losses incurred as a result of your errors either of commission and/or omission.
9.2 You hereby irrevocably authorize the Bank to act on all Requests received by the Bank from you (or purportedly from you) through the System and to hold you liable in respect thereof, notwithstanding that any such requests are not authorized by you or are not in accordance with any existing mandates given by you.
9.3 If you request the Bank to cancel any transaction or instruction after a Request has been received by the Bank from you, the Bank may at its absolute discretion cancel such transaction or instruction but shall have no obligation to do so.
9.4 The Bank shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the Bank believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.
9.5 The Bank is authorized to effect such orders in respect of your Mobile Money Account as may be required by any court order or competent authority or agency under the applicable laws.
9.6 In the event of any conflict between any terms of any Request received by the Bank from you and these Terms and Conditions, these Terms and Conditions shall prevail.
Authority of the Bank. The Bank is authorized and agrees to advance monies on behalf of the Governmental Lender to fund the Borrower Loan upon satisfaction of the conditions set forth in the Borrower Loan Agreement and otherwise to act on behalf of the Governmental Lender under the Borrower Loan Documents, except for the Reserved Rights. Except for the Reserved Rights, the Bank is hereby authorized, directed and empowered to exercise all the rights, powers or remedies of the Governmental Lender under the Borrower Loan Agreement and the other Borrower Loan Documents, and to make all determinations and exercise all options and elections thereunder, without the necessity of further advice or consultation with, or consent or authorization by, the Governmental Lender, and all actions taken by the Bank under the Borrower Loan Agreement or any of the other Borrower Loan Documents shall be valid and shall have the same force and effect, as if taken by the Governmental Lender. The Bank shall have the right to exercise any rights, remedies, conferred on the Governmental Lender pursuant to the Borrower Loan Documents (except for the Reserved Rights) as may be necessary or convenient to (i) enforce the payment of any amounts owing by Borrower under the Borrower Loan Documents and prepayments thereof, or (ii) otherwise to protect the interest of the Governmental Lender or Bank upon a default by Borrower under the Borrower Loan Documents. The Bank agrees to provide the Governmental Lender any notices given by it or delivered to it pursuant to the Borrower Loan Agreement regarding the occurrence of an Event of Default (as defined in the Borrower Loan Agreement), the acceleration of the Borrower Loan or the foreclosure of the Deed of Trust and shall provide written notice to Governmental Lender of any amendment to the Borrower Note or the Borrower Loan Agreement. The Bank shall have the right to collect all payments and other amounts received by the Governmental Lender from or on behalf of the Borrower pursuant to the Borrower Loan Agreement or the other Borrower Loan Documents,” including prepayments thereof, except for payments of fees owing by the Borrower to the Governmental Lender in respect of the Reserved Rights.
Authority of the Bank. The execution and delivery by the Bank of this Agreement, the consummation of the transactions contemplated hereby have been duly and validly authorized by all necessary corporate action on the part of the Bank, and this Agreement will be upon execution and delivery by the respective parties thereto, a valid and binding obligation of the Bank enforceable in accordance with their respective terms, except as the enforceability thereof may be limited by bankruptcy, liquidation, receivership, conservatorship, insolvency, moratorium or other similar laws affecting the rights of creditors generally and by general equitable principles and by Section 8(b)(6)(D) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1818(b)(6)(D). Except as set forth in a list furnished by the Bank to the Company (the "Bank Conflicts and Consents List"), neither the execution and delivery by the Bank of this Agreement, the consummation of the transactions contemplated herein, nor compliance by the Bank with any of the provisions hereof or thereof, will: (a) conflict with or result in a breach of any provision of its Articles of Incorporation, as amended, or Bylaws, as amended; (b) constitute a breach of or result in a default (or give rise to any rights of termination, cancellation or acceleration, or any right to acquire any securities or assets) under any of the terms, conditions or provisions of any note, bond, mortgage, indenture, franchise, license, permit, agreement or other instrument or obligation to which the Bank or any subsidiary of the Bank is a party, or by which the Bank, or any subsidiary of the Bank or any of its respective properties or assets is bound; (c) result in the creation or imposition of any Encumbrance on any of the properties or assets of the Bank or any subsidiary; or (d) violate any order, writ, injunction, decree, statute, rule or regulation applicable to the Bank or any subsidiary of the Bank or any of their respective properties or assets. Except as set forth in the "the Bank Conflicts and Consents List," no consent of, approval of, notice to or filing with any Governmental Entity having jurisdiction over any aspect of the business or assets of the Bank, and no consent of, approval of or notice to any other Person, is required in connection with the execution and delivery by the Bank of this Agreement the consummation by the Bank and contemplated hereby, except such approvals as may be required by any Government Entity.
Authority of the Bank. 9.1 It’s your sole responsibility to familiarize yourself with the operating procedures for the service that will be provided by the Bank upon your registration to the Service. The Bank will not be liable for any losses incurred because of your errors either of commission and/or omission.
9.2 You hereby irrevocably authorize the Bank to act on all Requests received by the Bank from you (or purportedly from you) through the System and to hold you liable in respect thereof, notwithstanding that any such requests are not authorized by you or are not in accordance with any existing mandates given by you.
9.3 If you request the Bank to cancel any transaction or instruction after a Request has been received by the Bank from you, the Bank may cancel such transaction or instruction upon sufficient proof provided by you that such transaction ought to be reversed.
9.4 The Bank shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the Bank believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.
9.5 The Bank is authorized to effect such orders in respect of your DTB Weza service as may be required by any court order or competent authority or agency under the applicable laws of Kenya.
9.6 In the event of any conflict between any terms of any Request received by the Bank from you and these Terms and Conditions, these Terms and Conditions shall prevail 10 Privacy and Data Protection
10.1 You hereby allow us to use your personal information for: statistical analysis; developing and improving the DTB Weza service and related products; updating your records; if you agree, identification of our other products which might interest you; assessing lending and insurance risks; arranging, underwriting and administering insurance and handling claims; identification, prevention, detection or tackling fraud, money laundering and other crime; conducting regulatory checks; keeping you informed about your account; market research.
10.2 We will keep your personal information confidential and shall not, without your prior consent, disclose any of your personal information to any other third party other than in the following circumstances:
10.2.1 to credit reference agencies to carry out credit checks, check your identity or to prevent fraud;
10.2.2 to tell credit reference agencies that you have a service and...
Authority of the Bank. Borrower authorizes the Bank to date this Note as of the day when the Loan is made.
Authority of the Bank. 12.1. It is your sole responsibility to familiarize yourself with the operating procedures that will be provided by the Bank upon your application for the Facility. The Bank will not be liable for any losses incurred as a result of your errors either of commission and/or omission.
Authority of the Bank. 3.1 The Bank is authorized by the Customer to act on all Valid Requests and instructions. If the Customer requests the Bank to cancel any transaction or instruction after a request or instruction has been received by the Bank from the Customer, the Bank may at its absolute discretion cancel such transaction or instruction and thereafter give reasons for its action to the customer.
3.2 The Bank shall be entitled to accept and to act upon any Valid Request, and if that request does not contain all of the information required or is otherwise for any reason incomplete or ambiguous, the Bank shall be at liberty to seek further instructions or clarification from the customer before acting on such request.
3.3 The Bank shall not be obliged to accept or to act upon any Valid Request if to do so would require access to, action by, or information from the Branch, or any subsidiary of the Bank located in any jurisdiction where it is not a Banking Day at the relevant time when such access, action or information is required or would cause a breach of any existing mandated facility limit or agreement between the Bank, the Branch and/or any subsidiary of the Bank (as applicable) and the Customer.
3.4 In the event of any conflict between any terms of any Valid Request from the Customer or anything contained in the Product profile and the terms of these terms and conditions, the terms of these terms and conditions shall prevail. These terms and conditions and all authorizations and procedures agreed under these terms and conditions supplement and do not in any way override any other independent accounts or contracts with the Bank.
Authority of the Bank. The Borrower and Grantor acknowledge that any action taken by or not taken by the Bank hereunder shall be conclusively presumed to have been taken or not taken by the Bank as attorney-in-fact and representative of the Bank with full and valid authority to so act or refrain from acting in accordance with the Credit Agreement, and the Borrower and Grantor shall be under no obligation and shall have no right to make any inquiry respecting such authority.
