Cleared funds. For the purpose of this Bank Agreement, Subscription Payments shall constitute "Cleared Funds" in accordance with the following:
(a) if paid by wire transfer, such funds shall constitute Cleared Funds on the date received by the Bank;
(b) if paid by check drawn on a New York Clearing House Bank, such funds shall constitute Cleared Funds on the second Business Day following the date received by the Bank; and
(c) if paid by check drawn on any bank other than a New York Clearing House Bank, such funds shall constitute Cleared Funds on the third Business Day following the date received by the Bank.
Cleared funds. (i) The Client acknowledges and agrees that PKF Capital will credit those moneys to the Segregated Funds Account only when they become cleared funds. Accordingly, moneys paid by international electronic transfers, in accordance with relevant bank and currency practice, may not be available as collateral and, therefore, Free Margin for a number of Business Days.
(ii) PKF Capital will, in accordance with the normal practices of the Registered Bank at which the Segregated Funds Account is held, arrange for the credit of those moneys to the Segregated Funds Account as soon as practicable after they become cleared funds.
Cleared funds. I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by, and at all times on, the due date of the payment (“Day to Debit”) to enable the direct debit to be honoured on the Day to Debit. I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available when the debit is attempted, I/we agree that I/we will be responsible for any fees and charges that may be charged by my/our Financial Institution.
Cleared funds. All payments under this clause 3 must be paid by bank cheque, telegraphic transfer to an account or accounts nominated by the Vendor or otherwise in cleared funds.
Cleared funds. All payments under this agreement must be paid by bank cheque or telegraphic transfer to an account or accounts nominated by, as applicable, the Vendors or the Purchaser or otherwise in cleared funds. Share sale agreement ME_130835635_20 (W2013)
Cleared funds. In applying any money towards the satisfaction of the Secured Money, the Chargor is to be credited only with funds which have been cleared and are not subject to any set-off or claim.
Cleared funds. All amounts payable under CLAUSE 4.3, CLAUSE 4.4 and CLAUSE 5.4 in connection with repayment of the SPV Inter-Company Debt and UK Inter-Company Debt must be paid by bank cheque, telegraphic transfer to an account or accounts nominated by the Vendor Guarantor (as agent for the Vendors) or by the Purchaser (as appropriate) or otherwise in cleared funds.
Cleared funds. Unless specified otherwise in a Series Supplement for any Series, the Company is not obliged to pay Accrued Interest to a Bondholder (or the Supervisor on its behalf) under this Deed unless and until the Issue Price for the relevant Bonds has been paid in full and in cleared funds. The Company may also (but need not) forfeit any Bonds issued to a Bondholder if that Bondholder does not pay the Issue Price in full and cleared funds for the relevant Bonds. Any Bonds forfeited under this clause shall be cancelled or transferred by the Company to any person or persons selected by the Company.
Cleared funds. The Company is not obliged to pay Accrued Interest to a Bondholder (or the Supervisor on its behalf) under this Deed unless and until the Bondholder has paid in full and in cleared funds the Issue Price for the Bonds issued to him or her. The Company may also (but need not) forfeit any Bonds issued to a Bondholder if that Bondholder does not pay the Issue Price in full and cleared funds for the relevant Bonds. Any Bonds forfeited under this clause shall be cancelled or transferred by the Company to any person or persons selected by the Company.
Cleared funds. In applying any money towards the satisfaction of the Secured Money, an Obligor is to be credited only with funds which have been cleared and are not subject to any set-off or claim.
17.1 PPSA further assurances
(a) Whenever the Financier requests an Obligor to do anything:
(i) to ensure any Security Interest under any Finance Document is fully effective, enforceable and perfected with the contemplated priority;
(ii) for more satisfactorily assuring or securing to the Financier the property the subject of any such Security Interest in a manner consistent with the Finance Documents; and
(iii) for aiding the exercise of any right, power or remedy in connection with any such Security Interest, the Obligor shall do it promptly at its own cost. This may include obtaining consents, getting documents completed and signed, supplying information, delivering documents and evidence of title and executed blank transfers, and giving possession or control with respect to any property the subject of any such Security Interest.
(b) Each Obligor agrees to notify the Financier at least 14 days before the occurrence of any of the following:
(i) any Obligor changes its name;
(ii) any ABN, ARBN or ARSN allocated to any Obligor (or any trust of which it is the trustee) changes, is cancelled or otherwise ceases to apply to it (or if it (or any trust of which it is the trustee) does not have an ABN, ARBN or ARSN, one is allocated, or otherwise starts to apply, to it); or
(iii) any Obligor becomes trustee of a trust, or a partner in a partnership, not stated in this document.
17.2 Exclusion of PPSA provisions To the extent the law permits:
(a) for the purposes of sections 115(1) and 115(7) of the PPSA:
(i) the Financier need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4); and
(ii) sections 142 and 143 are excluded;
(b) for the purposes of section 115(7) of the PPSA, the Financier need not comply with sections 132 and 137(3); and
(c) if the PPSA is amended after the date of this document to permit an Obligor and the Financier to agree to not comply with or to exclude other provisions of the PPSA, the Financier may notify the Obligors that any of these provisions is excluded, or that the Financier need not comply with any of these provisions, as notified to the Obligors by the Financier.
